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.
Judge Chris Craft said on the first day of the testimony that becasue the jury has already heard the charges, it would prejudice them.
Refresh this page throughout the day for live updates from the trial.
6:07 PM - The judge asks to see the jury at the bench...
"Being that it's 6 o'clock, I just need to get hte jury taken car of," he says.
"Alright, ladies and gentlemen we're gonna sto..."
He's interrupted by more talking at the bench.
Then he continues. He breaks court for the evening. He sends the jury out of the room. He sends HAwkins out of the room.
Sgt. Tony Mullins will be back to resume his testimony at 9:30 Tuesday morning.
Court is adjourned for the night.
See you tomorrow!
6:05 PM - Branham hands Mullins a series of photos. Mullins ID's them as photos of the linoleum floor over which they believe the freezer had been dragged. Mullins stands up again to show the jury the pictures. He points out the yellow grease pen markings that were used to show the groove marks. Two parallel line that curve. The marks were in a stationary spot then move out.
Another pic -- close up photo of stationary spot, where the freezer had been.
Another pic -- close up of stationary spot.
Another pic -- scuff marks on the floor.
Mullins say investigators later located the freezer in apartment #2 directly across the landing from Gaither's apartment, apartment # 4. He never saw the freezer himself, just in photos.
Branham hands Mullins a photo of the freezer. It is an upright freezer, just one big door.
Sgt. Murray asked Mullins to search the dumpsters for plastic bags that seemed to have been used to discard bloody items. Then Mullins went to KMart to try to find the saw that had been purchased and returned. He describes it as a circular saw.
"Did it look like this?" Branham asks, holding up a big brown cardboard, shipping box.
Mullins say no, but that it might look like what's inside.
Branham hands Mullins the box. He cuts it open, pulls out a large bag that has a box inside. He unwraps all he packaging, cuts open more packaging. Eventually, Mullins pulls out a box that contains a 7-inch circular store. The box had been opened and re-packaged and returned. He says there were three just like it that had been purchased, opened, and returned. The store allowed investigators to open all three and inspect all three.
5:55 PM - Seached hallway bathroom with Lumilight, like a black light that uses UV light to illuminate evidence of bodily fluid. Also used Luminol. The product finds the remnants of blood and bodily fluid that has been cleaned up. Did not find the presence of blood in teh hallway/2nd bathroom. They did find something unusual on the walls. Molecules in cleanser stick to hemoglobin in the blood that his left behind. If not cleaned very well, you can see blood stains. Did not see blood in this case, just heavy evidence of household cleaners.
Branham hands Mullins a sequence of 3 photos that show the bathroom wall above the tub. One is taken in regular light. The other two is taken using the Luminol and/or LumiLight. Mullins stands up to show the jury the photos and explain what is visible in the photo. Mullins points out a stain on the wall. Then points out a very visbile line across the wall. It is darker below the bright line and brighter above the bright line. The photo has an orange tint to it. Mullins says the tint is a filet through which the photo is taken. It helps the camera see what investigators see when they use specialized glasses in these situations.
Mullins says the line went all the way around the tub. Everything below the line was thoroughly, thoroughly cleaned.
5:45 PM - Gaither's ex-husband Milton HArris was the leaseholder at hte apartment where Gaither and Hawkins and the kids lived.
That night of the interview, Hawkins found out that his children were at 201 and being interviewed. He was loud and angry about it, telling them they couldn't be talking to his daughter without him present.
Mullins says Hawkins paced in the room whenever he was alone. He was antsy. He found out about his kids being there after they had gotten a statement from him. When investigators walked back into the room, he expressed his displeasure about them talking to his kids without his presence. They put Hawkins on a 48-hour hold. The purpose, Mullins says, is that they feel like they have probable cause to detain a person, but need additional time becuase they could be completely wrong. Sometimes, investigators need time to verify or confrim things that were told to them. At that point, Hawkins was under arrest. The charge on the arrest ticket was 1st degree murder, the highest charge possible. It was just a charge on the ticket. He was not officially charged. At that point, they could charge him with 1st degree, a lesser charge, or let him go entirely.
They took photos of Hawkins' body. His chest, his back, arms, hands. Mullins says he did not see any defensive or offensive wounds on Hawkins' body at that point. After putting Hawkins on the 48-hour hold, that was "pretty much it" for that night. It was well after midnight.
The kids went with Charlene's family, their grandparents. Hawkins went to jail. Investigators went home for a couple hours, got some sleep. Came in the next morning to work on this case. Got directions from Sgt. Murray. Had to confirm or deny some things regarding Hawkins. This was on February 16, 2008. The body still had not been ID'ed.
Mullins primary task was to return to the apartment. Executed another search warrant in search of very specific items not searched for the first time. They went looking for a deep freezer, any blood evidence inside the apartment, the drain hose from teh washing machine into the drain for future testing. Mullins says he did not search the vehicle, but it was done by somebody else. At the apartment, they collected the drain hose. They found evidence of something being dragged across the linoleum floor. The marks appearred consistent with refrigerator or freezer. Did not find a deep freezer. Took photos of drag marks. Search the second bathroom, hallway bathroom for any signs of blood or bodily fluid.
5:33 PM - Court is back in session. HAwkins in the courtroom.
"Sgt. Mullins, can you be back here at 9:30 in the morning?" Craft asks.
"Yessir," he says.
"Figured you'd be working. We're gonna try to finish up with you today, but..."
The judge calls for the jury...
"Do you think you'll be able to finish your proof tomorrow?" the judge asks prosecutors.
"OH NO! No sir," they answer emphatically.
"Wednesday maybe?"
?Maybe. Maybe."
The jury is back in the room. Branham continues questioning Mullins.
5:19 PM - Swabbed long Q-tip into Hawkins cheek to collect DNA sample of salive. Branham hands Mullin and envelope. He recognizes it as containing the buccal (pronounced like: buckle) swab sample from James Hawkins.
While Hawkins was being interviewed, other investigators were interviewing the three children in other interview rooms. After all the crime scene investigation and all the interview, they arrested HAwkins and held him in jail on a 48-hour investigative hold. Not enough to arrest or charge him, but they had inconsistencies that had to be confirmed or denied.
Mullins also interviewed Joshua. There were inconsistencies between what Joshua and what James had said. Bench conference. Part of the issue here is that Mullins cannot testify about what other investigators told him. Bench conference ongoing. Craft takes a recess. Sends jury out of the room. Indicates that we will finish with Mullins testimony before breaking for the day. Court is in recess. Mullins will be last witness of the day. The courtroom clears out.
5:10 PM - Mullins reads every word from the top of the witness statement. It includes identifying information for James Hawkins. He finishes. Branham reads off the questions that investigators asked Hawkins that night. Mullins reads Hawkins answers. This document is 5 pages long. Hawkins said he did not know Gaither's whereabouts. She was his girlfriend. Knew each other for 14-16 years. LAst saw her wearing beige jumpsuit. She left because she was made that he was cheating and looking at other girls. HAwkins told police that his son Josh told him that mom had left in somebody else's car. He didn't pay attention to her when she left. Not injured when she left. He was wearing pajama pants and white t-shirt. Gaither had birthmark on her foot and braids in her hair. Told police he spoke to her later on on Sunday afternoon. He told police that Gaither told him that it was his time to raise the kids and see how they turned out. He told them she called him on the phone on Sunday. DId not say who she was with or where. She did not want to talk to the kids. Had a second set of keys with her. Hawkins did not know what she carried in her purse. Had a debit card when she got income tax return. Already spent it. Didn;t know about credit cards. Hawkins told police Gaither liked to smoke weed. No gambling issue. Saw her ex-husband Melvin. Saw Milton, got money from him. Both ex-husbands. Hawkins and Gaither had 3 kids together. Did not get into a physical altercation before she left. Carpet missing had always been like that. Hawkins told police he couldn't think of anything else he could tell them to help them, but if he though of anything he would "love to come to them and tell them." Hawkins signed the statement on February 15, 2008 at 9:36 pm. Mullins watched Hawkins sign it.
After the statement investigators asked if he would allow them to take a DNA sample from him just in case something had happened to Gaither. They needed it for potential comparisons in the future. Hawkins consented. Branham hands Mullins a document. He recognizes. Form on which Hawkins agreed to have DNA sample collected. COnsent form.
5:00 PM - Branham hands Mullins a photo. It is a photo of the interview room in which Hawkins was waiting for them. Red kleenex box sits on the table. Hawkins was not under arrest. He was free to go but they didn't tell him that.
Branham hands Mullins a document. He ID's it as the statement he and Masson took from Hawkins. It is listed as "Homicide Witness Statement." He says that wasn't true at the time. It should have been titled "Missing Persons Witness Report." However, they simply used their bureau's template to fill out the report. Branham hands out copies of the document to the jury and the judge so they can follow along.
Bench conference.
4:55 PM - Mullins says Hawkins then went up and down the stairs, in and out of the apartment. Investigators waited for Armstrong to show up with family members to watch the kids. Mullins says he stayed downstairs for a few minutes so he could talk on his cell phone. Then he went up the stairs. Then he went into the apartment. N oticed a very strong odor of bleach, pine sol, household cleaning materials. Mullins went into the kitchen. Then into the living room.
Armstorng pulled up in his cruiser. The grandfather was with Armstrong. These were family members of Charlen Gaither. Mullins says Hawkins wasn't really thrilled that they were there and complained a bit, but not much becasue they were there to watch the kids. Mullins say he called for unifromed cars to show up on that location. They needed to bring Hawkins to 201 to talk to him. They needed a car with a cage. Investigators did not feel comfortable with him the car and nothing between them. Hawkins was not under arrest. Was not charged with anything. They wanted to bring him downtown in order to conduct their interview regarding the missing persons case. Mullins says they need information about her habits, her credit cars, her ex-husbands, etc... anything that might give them a lead on her whereabouts. Mullins says they needed a formal statement from Hawkins about the missing persons report that he had filed. Mullins says they needed to document their investigation. Mullins say Hawkins filed the report. He has the information. He's the best source of info.
A uniformed officer had already taken a report, but it was brief. Mullins says they were seeking a detailed statement. Ultimately they got that statement after several hours of talking to him. Investigators later showed up at 201. Hawkins was waiting for them in an interview room. Mullins says the statement is more about the who, what, when, where, and how. Mullins says people don't often tell them everything they need to know. They asked a lot of questions.
Mullins says they started the interview process at about 6 pm. Started the statement about 9 pm. Took a couple breaks in between. Mullins say they stopped to check on status with officers on scene at aparmtent and in otehr interview rooms with the kids.
4:45 PM - Hanks sent Mullins and Masson to Prince Rupert to look for Hawkins and car. Sgt. Parks was already there. The car was at the apartment complex in front of Gaither's apartment. They sat and waited. Armstrong was ont eh way to meet them there. Mullins says they believed they saw Hawkins and a child on the second floor under the breezeway by the railing, but they didn't drive by so as not to be too obvious.
Picture on overhead -- Gaither's apartment building. Mullins points out the spot where he saw Hawkins and a small child by hte railing. Then, a short time later, they saw the Ford Taurus leaving. In the interim they had lost sight of the location while searching for a good spot to park to keep an eye on things. When they saw the Taurus moving, Sgt. Parks was already tucked in behind the Taurus. The investigators were in unmarked cars.
Taurus passes. Parks passes. Mullins and Masson pull in behind. Mullins says he was about to get on radio to request a marked unit to pull over the car. Before he could do so, the Taurus turned around at the exit gate. Mullins and Masson were in a car that had blue lights on the dash. Mullins flipped them on so to indicate he was a cop. The Taurus stopped. Hawkins got out of the car. Mullins and MAsson got out of their car.
Bench cofnerence... Over
They knew it was Hawkins because they had already pulled an old booking photo. HAwkins got out car. Mullins and Masson ID'ed themselves. Hawkins acknowledged he was James Hawkins. Showed mullins ID. Mullins says Hawkin was "very nervous" and he knows because he made him nervous. Mullins say HAwkins was shaking and asked why homicide wanted to talk to him. Mullins says he never ID'ed himself as working for homicide, just that he worked for MPD. He says there were three children inside Hawkins' car. Mullins says Hawkins told them he had already talked to the police earlier. Mullins says Hawkins wanted to talk about Gaither right then and there.
Mullins says they do not discuss things just anywhere or in the middle of a parking lot. Mullins says hawkins was nervouse. Didn't know if wanted to run or fight. He says Hawkins was worried about who was going to watch his kids. They all agreed to go back to Hakins' apartment. The children went on upstairs. They stayed downstairs to talk.
4:35 PM - Trial resumes. State calls Sgt. Tony Mullins to the witness stand.
Mullins takes the oath and takes his seat at the stand, a seat to which he in accustomed after testifying in countless murder trials over the years. He's been with the homicide bureau for the past 8 years. Investigates deaths, homicide, suicide, unknown. Sometimes they're asked to help out with other types of cases as well.
"In essence, we investigate deaths and whatever else we're directed to."
Mullins says he was called into Lt. Armstrong's office. Armstrong briefed the team about a missing persons case that may also be a homicide in Mississippi though there was no connection at the time. DeSoto County investigator and MBI investigators were looking at a homicide. Family went to MPD homicide to say they thought it might be their loved one.
Mullins say his initial responsibility was to go to Nike plant to look for Charlene Gaither's car and James Hawkins, who had filed the report and may be driving Charlene's car. Hawkins was hte complainant in this particular instance. The report was filed on February 12, 2008. Mullins went looking for him at the Nike plant on February 15th. Mullins says Armstorng thought Hawkins was being tentative about coming in. Mullins says they went to Nike. Charlene's Silver Ford Taurus was not there. They later found out they were at the wrong location, but they did not know that at the time. Did not see the car. Reported to Armstrong. Drove to meet Sgt. Hanks very close to where Jackson crosses I-40. Hanks and Sgt. Stark were investigating bloody clothing found at that location several days before. It was within a few miles of Gaither's home. Bloody clothing had nothing to do with case.
4:25 PM - The night before having to sit in the car, Earvin went to the movies with his dad and sister. Mom didn't want to go.
January 15, 2008, Earvin acknowledges that he ran away from home. It wasn't the first or last time he did so. He acknowledges that he eventually called his dad to come pick him up and take him back to school, which Hawkins did.
Earvin says he sat in the car for about 3 hours. Skahan asks if his sister came down and checked on him. Earvin says he does not think that happened.
Skahan goes back to asking about when they all moved back in together. Earvin acknowledges his parents argued a lot. Cross-examination is over.
Re-direct. Earvin says he met with prosecutors before about his testimony today. He says they told him to tell the truth and that is what he has done. He says he did not make up anything during his testimony. He says he saw his dad on top of his sister. "Yes ma'am that happened." He acknowledges he ran away after all that becasue things were pretty messed up at home. Re-direct is over.
Skahan asks if Earvin remembers testifying in court a few weeks ago. Skahan says Earvin said then that he couldn't see into the room. Earvin says he does not remember saying that, but that he did say he couldn't see where their legs were. Re-cross over. Re-re-direct. Earvin says he does remember saying that he could see dad on top of sis and that he could not see their legs.
James Earvin is finished on the witness stand.
Prosecution asks for a brief moment before calling their next witness.
4:15 PM - Skahan is finished with the video. Lights go up. Skahan has a stack of pictures to show Earvin. Still photos from the surveillance cameras KMart. Skana stands alongside Earvin and hands him the photos individually in order to make things move more quickly. The judge tells Skahan not to block the jury's view. Only Skahan and Earvin can see the pictures right now. Earvin acknowledges each photo and what the family appears to be doing in each. The stacks of photos are entered into evidence.
Skahan places one of the pics on the overhead. Photo of brother hugging dad.
Another pic -- Sister's head on father's shoulder. Earvin says he can't tell exactly what his sister is doing there.
Another pic -- Sister head near father's head. They appear to be talking.
Another pic -- Leaving KMart. Perhaps sister's hand around dad's arm.
Another pic -- same thing, one foot further.
Another pic -- same thing, one foot further.
Another pic -- Hawkins and sister in hardware section. Sister's arm points at whatever is on shelf.
Another pic -- Hawkins shopping. Sister in aisle, dancing/moving foot and leg.
Another pic -- Sister with arms outstretched int he middle of the aisle.
Anotehr pic -- Right before picking up the saw.
Another pic -- Family walks into the store. Dad and sister up ahead.
Another pic -- dad and sister as they walk into the store.
Another pic --Check out line. Saw being purchased. Sister reading a magazine while in line.
Skahan finished with pictures. Lights go up. Earvin says he is now 14 years old.
4:05 PM - Another clip. The family in the hardwar section, shopphin for a saw. Earvin says he did not know why they went to KMart at the tim. Skahan says it looks like Hawkins and Earvin's sister are actively shopping together. He pauses it at 10:29:47 am. Skahan says it looks like sister is pointing at a saw. Earvin says she is pointing but he doesn't know at what. Can't see what's on the shelf. Skahan plays the video. Several seconds later, Skahan says it looks like sister is dancing int eh aisle. Earvin says it looks to him like she is moving her foot back and forth. Dad continues shopping for a saw. Skahan says it looks like she is stretching in the aisle. Skahan indicates that the sister then went back to look at the saws again.
"Is that what it looks like to you, James?"
"No sir," he answers.
The video plays on the overhead.
Earvin acknowledges that he's the one who walked away carrying the saw. Skahan pauses it when dad and two sons walk away, Earvin with the saw in hand. Sister hangs behind, looking at other saws.
Another clip. The family walking into KMart.
Next clip. The family walking out of the store after returning the saw. Skahan asks if that is his siter's hand "right there inside your father's arm?"
"Can't tell," Earvin responds.
Next clip. Different angle of the family coming into the store.
Next clip. Outside angle of family coming back to KMart to return the saw at 5:55 pm on February 9th.
Next clip. Outside angle of family leaving the store after purchasing the saw around 11:15 am the morning of February 9th. The family got caught up for several minutes inside the foyer. Earvin says he does not remember who was talking to whom or why.
Next clip. Another angle of the family coming back to the store in the evening.
Next clip. Family approaches return counter. Skahan and Earvin identify family members in the shot. Skahan plays and pauses. Skahan asks plays again. Skahan says Earvin's brother walked up and hugged dad. Earvin acknowledges that's what looks like happened. Play. Pause. Play. Skahan says sister came up to Hawkins, put her head on his shoulder and started talking to him. This was when they returned the saw.
Hawkins approached the counter. Earvin's brother Joshua carries the box up to the counter and places it on the counter. Hawkins conducts business with the cashier. Sister walks up behind dad.
Another clip. family walks into KMart.
Another clip. Family walks into KMart. Earvin acknowledges that sister ran up ahead to catch up with dad. Skahan asks if it appears that sister was holding dad's hand from that point forward.
"Can't tell," Earvin responds.
Next clip. Entrance.
Next clip. Family leaves KMart after purchasing the saw.
3:45 PM - The jury is back in the courtroom. Defense attorney Gerald Skahan begins cross-examination. Skahan greets Earvin. Earvin indicates he has never met Skahan. Skahan asks if Earvin likes basketball and if he watched last night.
"Yessir."
"Who's gonna win?"
"Miami," Earvin says.
"The Mavs," Skahan says. "Alright! The Mavs."
"No, MIAMI," Earvin corrects him.
Skahan brings up Earvin's interview with the counselors at the CHild Advocacy Center. James says he remembers the interview and he told the truth. Skahan says the report indicates that James told interviewees that he never saw anybody inappropriately touch his siblings. James says he told them that he did see that and he doesn't know why they wrote that he didn't.
Skahan turns attention to the first video, when the family returned to KMart to return the saw. Earvin says he was carrying the saw. Next clip. Family in line checking out. Earvin was carrying the saw. Earvin acknowledges that his dad is on the phone. His sister appears to be in the very top corner of the frame, though Earvin says he can't tell for certain if that's her. After several seconds, she most definitely shows up in the frame behind her father. She appears to be reading a magazine. As the family waits in line, she continues looking at the magazine. Earvin says he doesn't know what the magazine was. The check out video plays to silence. There is no audio on the video.
Next clip. The prosecution's IT guy controls the operation. Video of family leaving after returning hte saw. Skahan pauses the video. Earvin and Skahan go over who's who in the shot. Skahan says Earvin's sister is walking out arm-in-arm with Hawkins. Earvin says he can't tell if they are arm-in-arm. He asks Skahan to play the video. He obliges. Earvin says his sister appears to be walking behind Hawkins. Skahan says that's okay.
3:32 PM - Court is back in session. Hawkins is back in the room. Craft requests the jury return to the room. Silence.
When the jury returns, Hawkins son James Earvin will continue his testimony.
3:20 PM - There is video of Hawkins and his family from just about every second they spent inside. Multiple different angles. The cameras are everywhere, facing every different direction. I doubt there is a square inch of the store not covered.
The video finishes. Nichols say she has no further questions. Skahan asks for a brief recess, which Craft grants. He sends the jury out of the room. Led by deputies, Hawkins steps out. Skahan and Nichols discuss matters. Courts is in break.
3:15 PM - Hawkins spent several minutes at the return counter getting his money back. Prosecutors contend he bought the saw dismember the corpse, and once the job was done, returned the saw. There is a span of about six hours between purchase and return. The video continues to play...
3:11 PM - Still reviewing video clips. They appear in no readily apparent order, certainly not by timestamp becaseu it keeps jumping around from morning to evening, entrance and exit. When Hawkins picked out a saw from the shelf, he had his son, James, carry it up to the check out counter.
The video plays.
3:05 PM - There is silence in the courtoom. The surveillance video play on the overhead so that the jury can see the entire time Hawkins and his kids are on video inside KMart.
The family stood in line at KMart for several minutes whil checking out and paying for the saw. It appers to be some sort of electrical saw, not the old-fashioned kinetic type.
The next angle shows Hawkins and his kids shopping in the hardware section. The time is 10:48 a.m.
2:55 PM - In the video, the saw box is open. It had been closed when they left the store in the morning. They get tot he counter and 5:58 pm. Another angle. It shows the family leaving KMart. The lights go up, the video is complete.
Nichols hands Earvin a series of 10 pictures.
"Keep 'em in that order, okay?" she says.
"Yep," 14-year-old James Earvin responds politely as he flips through the photos.
"Tell me when you're finished, okay?"
"Yep."
Earvin says they are still photos from the KMart surveillance video. Nichols does not show them on the overhead. Nichols says his father never said what they bought the saw for and he didn't ask. He says he never talked to his mom again. His dad never said anything about it either. He says it was not normal for her to just up and leave. He says he found out about a week or so later that his mom had been killed. By agreement of both parties, Nichols enters the entire video from KMart into evidence, not just the parts just shown. It's longer. And both sides want the jury to see the whole thing. James Earvin has not seen this version before. Nichols tells him to watch it. The DVD goes into teh computer.
2:45 PM - Earvin says the deep freezer disappeared from the apartment. He asked his dad. Dad told him it broke so he had gotten rid of it. Earvin says he did not see his dad move it. He must have moved it when he wasn't around.
Nichols passes Earvin a DVD with his initials on it. He says the DVD is video of them inside KMart. He says he watched it previously and identified he and his family in the video.
Nichols hands the DVD to the IT guy, who loads it into the computer. The lights go low. The video does not immediately play. There are some technical issues. The lights go up. Nichols asks Earvin to tell the jury what it will see in the video. He says they went to KMart int he morning to buy something. Later on they went back and returned it in the evening. Both times are in the video.
Lights go down. Tech issue fixed. The video plays. He points out hi sdad in the top lefthand corner of the screen. It appears as though Hawkins is on a cell phone. He points out himself and his sister, whoo is wearing a white t-shirt with a jacket over it. Josh is not in the picture, but he is there. Eventually Josh pops into the shot. The saw is placed onto the check out counter. It's 11:10 in the morning. Earvin points out he and his family as they leave the store. Earvin carries the saw on hi sshoulder on the way toward the exit.
Another shot of video. Another angle. From the exit door. Earvin still carrying the saw. The family is standing in the foyer, talking to someone. Earvin soes not remember who ythey were talking to. Eventually they all leave the store.
Another shot from the same store. 5:56 pm. The family enters. They go to the return counter. The family enters the shot. Earvin points out everybody in the frame. The video is datestamped 2/9/2008. The family waits in a line at the return counter.
2:35 PM - Earvin says they moved out of the WIngood apartment and into anotehr 2 bedroom apartment. Nichols hands him photos of the new complex. He ID's and recognizes the apartment complex.
Earvin says his mom was not home the day he saw his dad on top of his sister but she was not home.
Nichols puts the two photos of the new apartment complex on the overhead. It is the same apartment they had borrowed it from Milton. Milton was not there. It was just them. Eventually, dad moved into the apartment as well.
February 9th 2008. 5th grade year. The first thing he remembers was his sister coming into the room, waking them up, turning up the TV as loud as it would go then turning around, telling them not leave, and walking out. There were two bedrooms in the apartment. Mom had one. The kids shared the other. He slept in a bed with his brother. Sister had her own. He had not heard anything or seen his mom or dad until sister came into the room. Over hte loud TV, he heard nothing. He sayed in the room and was stuck there. Earvin says he came out of the room eventually. He saw his dad. His dad told him that mom had left. He had not seen his mom that morning. He says dad acted like his mom was gone, gone. Not like she had just gone to run an errand. He says he thought it was strange becasue she wouldn't just up and leave like that.
They then went to KMart. Shey drove his mom's car. Dad told them that mom had left int he middle of the night in her own car. But now they were driving her to car to KMart. At KMArt, they bought a saw. He did not ask why. They left KMart and went to a Dollar Store to buy some cleaning supplies. They went home and cleaned the house. Everybody had to clean, "me, my brother, and my sister." He says they did a big clean up. Had to clean up everything. Dad told them not to go in the bathroom.
Earvine says dad told them to go sit int he car. Dad told them he had a surprise for them if they went and sat in the car. They sat there for 3 hours. Sister stayed int eh apartment with her father. They lived upstairs at the Parkview Apartments. The car was parked right beneath the stairs. He and his brother just kept sitting in it. They never did get a surprise. He does not remember who came and got them from the car. They went inside. He asked his dad about the surprise. Doesn't know what dad told him. They did not get a surprise. Beside cleaning the apartment, Earvin says they threw his mom's mattress in the dumpster. He says he, his brother, and his dad threw the dumpster out. Theyc arried it out of the apartment, down the steps. They also carried out the box spring. It took separate trips. Earvin says he noticed something different. Towards her restroom, the carpet was cut. It was not cut before that. He had never noticed it before then.
2:25 PM - 2nd act of violence. Mom and dad were arguing. He and Josh were in their room. Mom came in and told them they were all leaving. Hawkins told them they weren't Mom and dad went back and forth. Eventually they all left in his mom's gray car. They left and went to FedEx parking lot because Charlene was going to meet up with Milton Harris. Charlene told the kids she was getting keys to Milton's old apartment to stay there that night. The lights and electricity were not turned on. They stayed there just on enight.
3rd act of violence that he witnessed. He says he wasn't in the room, but could hear them arguing. Then he heard a slap. Mom came and got him and Josh and told them they were all leaving. He saw the red mark on his mom's face. He does not know if mom tried to get sister too. But he and his brother and mom all left in Charlene's car. Later they came back with the police to the Wingood apartments. The police met them over there. He saw his dad. He says he and his brother stayed in the car. He does not remember if his mom stayed in the car or if anybody talked to police. However, tehy picked up sister and she left with them after the police left.
Nichols re-visits the extra attention Hawkins paid to sister. Earvin says he saw innappropriate behavior between Hawkins and sister. Earvin says Hawkins told he and Josh to stay in the living room playinig XBox. Hawkins and Kiana left to go into another room. Earvin had to go get batteries for the controller. On the way to his room, he passed his sister's room and saw his dad on top of his sister. He says hte door was all the way open. He caught them out of the corner of his eye. He says he did not stop them or say anything. He went to his room, stopped, and tried to figure out what to do. He did not get hte batteries. He turned around and left and walked back by but turned his head to the wall so he didn't have to see it again. Hawkins came back into the living room and pushed him around and told him he was supposed to stay in the living room. He says he never talked to anyboyd else about until he did the "forensic video" after his mom was killed.
2:15 PM - The jury is back in the courtroom. The state calls James Earvin to the witness stand.
Earvin is a minor. He is dressed in shirt and tie and slacks. He is 14, but taller than his age. He just finished the school year and will start his freshamn year next year. He likes to plays sports, basketball especially. His brother Joshua is 13, his sister 15. His dad is James Hawkins. James lives with Cynthia now. He ID's a picture of his mother, Charlene Gaither, which is on teh overhead.
Fall, 2007, 5th grade. James went to school in Covington. He lived with his step-father, Melvin Gaither, mother, and siblings. He changed schools in the middle of the school year when he moved to Memphis with his father, mother, brother, and sister. Melvin stayed behind in Covington. It was the first time he lived with his dad in a long time. Dad had been out of his life for many years. They moved into an apartment.
Prosecutor Jennifer Nichols hands James a couple of photographs. He recognizes them as the apartment complex. Nicholsputs them on the overhead. It is the first apartment they moved to. They lived upstairs. There were 3 bedrooms. James his brother shared one. Mom and dad shared one. Kiana had her own room.
"It was okay," James says of the lviing arrangements.
He says things changed. His dad started paying more attention to his sister than the otehr kids. Charlene noticed it, too. He knows because he could hear them arguing. James says his dad was always around his sister. He did things for his sister a that he would never do for he or Josh even though he wanted that love and attention from his dad.
He says he saw three different acts of violence from when they lived in that apartment. He says mom and dad were arguing. Charlene said she was going to call the police. James heard something snap. Then he saw his mom's phone broken in half.
2:05 PM - "Judge, I think we're finished," Nichols says.
Craft calls the court to order.
Prosecutors will get assistance from a tech guy, who will operate the computer for the prosecution. The judge tells our TV news camera it cannot shoot video of a witness who is minor. Apparently, the next witness will be James Hawkins' son.
The prosecution and defense are ready. The judge calls for the jury.
1:54 PM - One of Hawkins defense attorney's is showing him still photographs captured from the surveillance video. She quietly whispers to him, presumably explaining to him what each purports to show and how each is likely going to be used.
1:51 PM - Prosecutors and defense attorneys huddle around the prosecution's laptop computer. It appears they are reviewing some surveillance video from inside a retail store.
Trial is not is session.
1:50 PM - Hawkins returns to the courtroom. The prosecution asks for a moment to review a matter. There is silence in the courtroom, some milling about. Hawkins wears a pair of dark slacks and a button down, long sleeve, green and white striped dress shirt. A pile of documents sits in his lap. He nervously taps a pen against his right knee.
We wait.
1:45 PM - Court is not yet back in order, but the defense team and prosecution team are in the room making last minute preps to resume.
I hear one of the sons of Charlene Gaither and James Hawkins is about to testify.
Judge Chris Craft calls court to session.
He calls in a defendant from another case. His attorney did not show up to represent him. Craft re-sets his next court date and sends him out of the room. Craft clears another matter from his docket. Trial is not yet back, but should be soon.
12:26 PM - The jury is finished reviewing the documents. The judge sends jurors out of the room, sends Hawkins out of the room, and breaks for lunch. He tells everyboyd to be back by 1:30 pm, at which time court will resume.
12:11 PM - The jury is reviewing some documents that were entered into evidence. Court remains in order, but Judge Chris Craft indicates that it will soon break for lunch because the next set of witnesses aren't scheduled to arrive until around 1:30 pm.
"We're ahead of schedule," the judge tells teh jury. "Y'all are working us too hard."
There is silence in the courtroom. Prosecutors whisper about getting in touch with their witnesses. Skahan discusses matters with prosecutor Missy Branham. Hawkins whispers back and forth with another membber of his defense team.
12:07 PM - Armstrong says he thought HAwkins was going to escape from the second floor breezeway. He says he did not escape because they took him into custody. Armstrong says he later became aware that HAwkins had helped dispose of his wife's body. Armstrong says he eventually "told police his part in it."
Vincent Guy is a friend of Armstrong's. Gaither is the sister-in-law of Vincent Guy. Armstrong says he did not take a "personal interest" in this case. At the point Guy contacted him, it had not been confirmed that it was Gaither. Armstrong says Hawkins' daughter was cooperative on teh first statement. Her grandfather was not with her. He says he was not aware that Hawkins' daughter was angry and agitated when she talked to police a few days earlier. Skahan finished.
Re-direct. Armstrong says he did not treat this case any different than any other case even though he knew Vincent Guy. Armstorng says htey interviewed daughter oin one of the interview rooms. The defendant was not there. Re-direct finished.
Armstrong says Kiana was not advised of her rights the first interview. She was on teh second interview. No firther questions for Armstrong. The Memphis Police Director is released from the stand and leaves the courtroom.
12 NOON - Police detained Hawkins and brought him to 201. The aparmtent was in Gaither's name. They got a search warrant for the apartment. WHen the officer showed up with a signed search warrant, they went in and started looking around. Picture on over head.
Picture -- master bedroom -- bed with no linens. Armstrong mentions a small section of carpet missin gin the corner of the room. The carpet had been cut out. Armstrong say the section was the size of two 8X10's. Armstrong say it looked as though it had been recently cut out. The flooring underneath was not worn or walked over. Armstrong say a sharp object was used to make hte cut though he does not know what it was for sure. He says he did not moe anything in the room. None of the officers moved anoything. No blood or fluid visible to the naked eye in the master bedroom.
Armstrong says he communicated with Mullins during the entire process. Mullins called about an interview with Hawkins. Armstrong told Mullins about the missing section. Hawkins told Mullins that it was in that condition when they moved in, that it had always been like that. Armstrong says they called CSI units to the scene and asked them to use Luminol, which detects blood and fluid. Armstorng requested Luminol be used in bedroom and bathroom. He says he asked for bathroom because they suspected clean up in there. Luminol showed a positive alert for bodily fluid int he bedroom.
Picture on overhead -- Luminol lighting up areas of bodily fluid. Armstrong points it out.
He says the Luminol showed bodily fluid int eh bathroom too.
Picture on overhead -- Luminol's poitive results in the bathroom.
Armstrong says he relayed this information to Mullins and Masson. He left the apartment and returned to 201, the homicide office. He spoke to Mullins and Masson. The kids were at the office too. He says he came into contact with Kiana Thomas. He took a statement from her. Sgt. Murray was there during the statement, too. Armstrong says Kiana was reserved, relaxed. Spoke in a quiet voice. After the interview, she kept talking to them Armstrong says Kiana was very cooperative. Not angry. No attitude. Armstorng says he left the remainder of this investigation to his team. Sgt. Murray was teh case coordinater.
February 17th, Armstrong received information from investigators in Mississippi that he passed along to Murray. Prosecutors are done with questioning.
Defense attorney Gerald Skahan steps up to cross-examine Director Armstrong. Armstrong says he did not write any supplements regarding his work on this case. He says his team wrote all teh supplements. Armstrong says he was aware there was a missing persons report. He says he was not aware of Kiana telling the police that she did not want to go with her motehr becasue her mom brought her around men who abused her. Skahan says Kiana wanted to stay with her father. Armstrong say he was not aware of Kiana making that report to the police.
11:50 AM - Bench conference over. Armstorng says the first thinig he did on the case was call Mr. HAwkins. Armstrong says he told Hawkins who he was and that he was investigating the disappearance of his girlfriend. Armstrong says he asked Hawkins to come downtown to help with the investigations. Armstrogn says Hawkins was defensive and kept asking why he had to come downtown. Armstrong says Hawkins was acting strange for someone who had a loved one missing. Hawkins told him he was at work at Nike and couldn't come downtown until later in the afternoon after he got off work around 3 or 4 pm.
After speaking with Hawkins, Armstorng told two investigators to go to the Nike plant to peruse the parking lot to try to find Hawkins because Armstrong did not believe that Hawkins was going to come downtown. He says he told the investigators what was going on. He says Hawkins was evasive on teh phone. He also instructed investigators to go to the apartment becaseu if he wasn't at Nike, he'd be at home. He sent Sgt. Caroline Mason and Sgt. Tony Mullins. Mullins and MAson later called Armstrong tot ell him they were not able to locate Hawkins.
He sent investigators to apartment to be on the lookout. Armstrong called Hawkins back. Hawkins told him he had the kids and could not find anyone to watch the kids. He declined Armstorng's offer to find a family member to watch the kids. He told Armstrong he couldn't come downtown. Mason and Mullins later located Hawkins in the Taurus leaving the apartment complex. Armstrong got a squad car to get over there and pull over the Taurus. THey stopped Hawkins. Armstrong got an aunt to go over to the aparmtent to watch the kids. There were otehr cops around. Armstrong says Hawkins seemed agitated, as if ready to run away. He did not want to talk to the police. Armstrong syas he thought Hawkins might try to bolt so he had a uniformed officer put him in the back of a squad car. Armstong says HAwkins attitude made him think he might run. HAwkins was agitated. Armstrong says he smelled a strong odor of bleach emanating fromt he apartment. Hawkins told him he had just cleaned.
Picture on the overhead -- the apartment on Prince RUpert.
Another picture -- the breezeway outside the apartment. Where Armstrong was standing when he smelled hte strong odor of bleach.
11:40 AM - The jury is back in the courtroom. Trial resumes.
The judge reads n agreed-upon stipulation. Gaither's cause of death: stabbing, strangulation, or some combination of both.
Prosecutor Marianne Bell calls Memphis Police Director Toney Armstrong to the witness stand. Armstrong steps into the room, swears to "tell the whole truth, nothing but the truth, so help him God." Armstrong says he has been with MPD for 22 years. February 2008, he was Lt. assigned to homicide bureau. It was divided into two teams. He oversaw one of those teams. He was in cahrge of his teams' cases. February 2008, he got a call from a friend, VIncent Guy, about a bofy found in DeSoto County. Armstrong says he knew Guy for about 15 years. Guy owns a shoe shine business. Armstrong was at home. Guy called him on his cell phone. Armstrong says Guy's call is the first time he became aware of a woman's body being found in Mississippi. He says he told Guy to call authorities in Mississippi and that he would look into it himself. Armstrong says the next morning, he met with investigators in Mississippi about a woman's body found that had been decapitated, the hands and feet cut off. Armstrong says the Mississippi investigators were reaching out to all surrounding agencies becasue they had not yet ID'ed the body. Armstrong says he met with his team about the missing persons report on Charlene Gaither, 32 years old. Armstorng says Gaither lived in an apartment complex. She had 3 kids, all by James Hawkins. The kids had not talked to Gaither. The judge stops him from talking about what hte kids told him. Hawkins called in the missing persons report. He lived in the apartment with Gaither. Hawkins reported her missing on february 14th or 15th, Armstrong says. Hawkins had last seen her on February 9th. According to the report, they got into an argument over how the children were being raised and she stormed out of the apartment. Armstrong says she had a silver, 2002, Ford Taurus. She owned it. It was not in her name. It was in her ex-husband's name. After she went missing, Hawkins was still driving around in her Taurus.
Bench conference.
11:30 AM - Court is back in session. The judge asks for James Hawkins' presence. He returns to the courtroom. The judge calls for the jury.
The next witness will be MPD director Toney Armstrong.
11:15 AM - Scales says these 2 people cannot be excluded as being related. Scales says if you can't put a number on it, it's not science. The genetic odds in favor of Earvin being the mother of the Jane Doe remains is 4,973 to 1.
"Envision a 55-gallon drum," Scales says... If you fill it with 4973 red marbles and one white marble, the likelihood of pulling out a red marble is high, which is the same likelihood of Earvin being the mother. Scales says the odds of pulling out a white marble are low. The white marble equates to Earvin not being the mother.
Scales say he believes earvin is hte mother of the Jane Doe remains.
Prosecution finishes with Scales. No cross-examination. The prosecution tells the judge it cannot call its next witness yet because he is somewhere else in the building..
I'm told the next person to take the stand will be former homicide bureau Lt. adn current Memphis Police Director Toney Armstrong.
11:05 AM - The jury is back in the courtroom. Scales resume shis explanation of what a chromosome "looks like." There are 2 sex chromosones. Males have xy, women have two xx's. Male determines the sex of the child. Ejaculate contains 1 million sperm. Half have x chromosome, half have y chromosome. Egg contains 23 chromosomes. Sperm contains 23 chromosomes, half x, half y. It depends upon which one gets tot he egg.
Scales asks for the posterboard to be included in his presentaiton. It is on an easel in front of the jury. He stands up to make the presentation to the jury. Scales continues with a crash course in genetics. On the overhead, he shows a slide that includes the readout from a mother and a readout from a child. These are the readouts from Geraldine Earvin and Jane Doe victims. The first hit shows a spike and a number fo 14. They share a genetic marker at the first chromosome pair. At the second pair, the unidentified remains have a 25 and 19 number. Earvin's readout has a 29. At the next chromosome pair, the unidentified victims has an 8 and a 10. Mom has a 10. On the 4th chromosome, the child has a 12, the mother has a 12. The 1st four chromosome pairs match, meaning Earvin cannot be excluded as the mother.
Scales shows the entire readout of all the chromosome pairs between Jane Doe and Earvin. At 5th pair, both hav 16 and 17. Then Jane Doe has a 7 and 8, mom has a 7... Scales continues to show the matches between chromosome pairs of the JAne Doe victim and Geraldine Earvin. They all match.
10:52 AM - Hawkins is ready. He is back in the courtroom. Court is in session. The issue that resulted in the recess has been resolved. Nichols was simply missing a page in her copy of the slide.
The judge calls for the jury.
10:50 AM - The judge calls court back to order. Then he waits.
"We'll wait just a second. 'Til Mr. Hawkins is ready."
Silence in the room. Court not in session.
10:48 AM - Prosecutor Jennifer Nichols asks Scales "What is DNA?"
He asks her if she want to get into the power point that was prepared. She indicates that she will later on, but needs him to explain DNA first. HE explains. In long format, he basically says that DNA determines hair color, eye color, everything about a person. It's encoded in the DNA.
February 2008, he received a sample of DNA from a Jane Doe victim and a sample from the alleged mom to see if she was or was not the mom of the Jane Doe victim. Nichols hands Scales a packet. He ackownedges it as a power point he prepared for prosecutors to explain what it is he does. It is enterd in as an exhibit. He says showing the presentation will help the jury understand. Scales also prepared a large posterboard that helps explain. It's another exhibit. The poster will come into play at some point during his power point presentation. The power point is up on the screen.
First slide -- DNA
Second slide -- human cell with mitochondria, cell membrane, and the nucleus that contains DNA.
3rd slide -- Inside nucleus. Wound up very tightly, the DNA. Letters of the genetic code. We use 26 letters int he alphabet. The genetic code uses only 4 letter. The way those 4 letters are arranged determines the proteins that creates hair color, muscle tone, etc., etc. Everything is contained int he sequence of letters. DNA is in hair, saliva, muscle tissue, bone. If it has a nucleus, it has DNA, whicha came half from mom and half from dad.
4th slide -- 23 chromosones came from mom and her egg. 23 from dad and his sperm.
Scales tries to move on to the next slide.
Out of the blue, Nichols interrupts and asks to take a short recess. The judge honors hte request and sends the jury out of the room. Nichols says she wants to take a recess first, but when they come back, she has a question for the witness.
Now, Nichols and the defense attorney are conferring with the witness together. They speak in whispers at the witness stand. The issue is not yet for public cosumption. It appears to have been resolved. Nichols needs to swap one slide for another. Nichols and defense attorney Nance are back in discussion with Nichols. It's resolved. They will make a substitution.
Recess resumes.
10:37 AM - State calls Dr. Roy Scales to the witness stand. Barbara's husband. He is the director and co-owner of Scales BioLab's in Brandon, MS. Levity. Levity. Scales say he identifies himself as co-owner because of his wife, with whom he just crossed paths.
"In other words, she's your boss?" Craft quips.
"Yessir," Scales responds with a smile.
Scales explains his education and credentials. He moved to Brandon and opened his lab in 1977. He says he is a forensic analyst. He says he's an old-timer. Started doing DNA in 1988 when the courts first started using it. He says he was a member of the first program that did DNA testing based on parentage. He says his lab is accredited for parentage testing for for decades. Scales says he's a member of national committees that wrote standards for otehr labs to achieve accreditation. Scales say he has been tendered as an expert in Mississippi, Alabama, Louisiana, federal court, many times, hundreds of times. The state enters him as an expert witness in forensic analysis, meaning he is allowed to give his opinion while testifying. The judge explains what that means to the jury.
10:30 AM - Prosecutors call Barbara Scales to the witness stand. She is the co-owner of Scales BioLab in Brandon, Mississippi. Her husband is the other co-owner. She's taken over administration of the business though she is a scientist who did a lot of lab work. She has been with Scales BioLab for 22 years of its 34 year existence.
Scales got a call from Commander Mark Blackson regarding unidetified remains in DeSoto County. She went to the crime lab and picked up a sample from teh remains. She saw Investigator Pate while there. Scales says she Pate gave her samples from Geraldine Earvin, who is the mother of the alleged victim. She took samples of blood and muscle tissue from the left eye from Doctor Hayne (sp?) at the crime lab. She drove them back to Scales. She got possession at 6:07 pm from PAte and from Hayne at 6:15 pm. As soon as she got back to Scales BioLabs, her husband began working on them immediately.
Prosecutor Jennifer Nichols hands Scales a document. She says she recognizes it. Forensic evidence submission. Another Document. The chain of custody documentation regarding the buckle samples. Third document, about the samples she got from Doctor Hayne. Indicates the evidence was logged in. Scales husband began working on it immediately. They try to ID victims quickly to be compassionate to families. It got priority and jumped over other cases.
Scales is released from the witness stand with no further questions from either side.
10:22 AM - Back to testimony. Olive says Guy did not seem concerned when Olive told her that Gaither was missing. Olive says Guy originally laughed at the notion of a missing persons report. That was on February 13th. Olive says she called back on February 14th. Guy did not seem overly concerned. Olive says Guy was not concerned until she called Olive on the 15th after she had heard that a body was discovered in Desoto County. Cross-examination is over.
On re-direct, Olive tells prosecutors that Guy was always cooperative and very forthcoming with information. Olive says Guy called her back early, at 8:30 am.
No further questions. Olive is released fromt he stand.
10:18 AM - Defense attorneys cross examine. Olive says Hawkins gave her the name "Cynthia Guy or Thompson or something like that." That was Caither's sister. Olive tracked down a number and called her. Defense attorney's ask what Guy's response was when Olive valled her. Prosecutors object to hearsay. Craft calls both sides to the bench for a private bench conference.
10:15 AM - The jury is back in the courtroom. The judge welcomes the jury. They acknowledge wearing out the courtroom deputies on their day off and being well fed. It's a light moment in the courtroom.
The state calls Barbara Olive to the witness stand. Olive is a retired Memphis Police Officer. Retired January 15, 2011. Was a cop for 28 years. WOrked in all different areas of MPD. February 13, 2008 she worked in the Missing Persons Bureau. Handled runawaya and missing adults where there is no obvious sign that a crime has occurred. Prosecutor Marianne Bell questions Olice. Olive was assigned the missing persons case of CHarlene Gaither. Olice says she read the case and reviewed it, including a report taken by an Officer Houston. SHe reviewed the report. James Hawkins had filed the missing persons report. Olive called Hawkins. They talked regarding the case. Olive says she identified herself and told himwhy she was calling. Hawkins told her he had not heard from or spoken to Gaither. She asked for other contact information for friends or family. Hawkins told her she didn't have any friends and she had family but he couldn't remember their names. After several more minutes of conversation, Hawkins eventually provided names of family members. Olive worked in MPD's MPB for 7 years. Olive says Hawkins did not seem concerned. He seemed disinterested. She says there may be other unknown factors, like people may not like police so they don't always cooperate. Olive says Hawkins provided some names of Gaither family members. She found a report in MPD's system that listed Gaither's mother's name and phone number. She called and spoke to one of Gaither's sisters.
February 14, 2008, Olive talked to family members again. Nothing changed. They had not heard from her.
February 15, 2008, she got a call from a family member. She was advised that a body had been found in Mississippi. Olive called DeSoto County and talked to Commander Blackson. Olive gave Blackson some information. Blackson advised that their victim could be Gaither. DeSoto County had been given the name James Thomas listed as a suspect. Olive had found that name preciously. She suspected that Hawkins and Thomas were the same person. Olive then spoke to the family members again. Family members confrimed Hawkins and Thomas were the same person. Olive advised her supervisor. Then homicide took over and it was transferered to them. Prosecutors finished. Pass the witness.
9:58 AM - Judge Chris Craft calls for the jury. Trial will resume within moments.
9:55 AM - Hawkins is in the courtroom. Court is in session, though trial has not resumed.
8:30am - Action News 5's Nick Kenney will be blogging all the proceedings from inside the courtroom today.
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