Action News 5 - Memphis, TennesseeTRIAL BLOG: Memphis man accused of dismembering girlfriend (Day 5)

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.

Refresh often for the latest live developments from inside the courtroom.

6:25 PM - The jury is finished reviewing the exhibit.

Murray says she was looking for info on how she ended up at KMart. They went there on the 16th. KT's phone was rinigng in the interview on the 16th.

After 2nd interview, they did not charge KT. Murray did not believe she should be charged. She believed what KT told them about her mom's death. Nichols is finished.

Skahan up on cross. The DA's office is the entity that charges people. Murray says the DA's offcie came to homicide to discuss the charges in this case. That happened Monday February 18th. Karen Cook from DA's office told them who and how to charge in this case. DA decides who not to charge to. Murray had been cop for 22 years. Murray says training is to document everything they do. Murray acknowledges it is important to document. Murray says she tried to do that in this case. Document every important to detail everything to tell jury.

Skahan hands her the supplement from 2nd interview. It does not include "Bitch, don't talk to me." Murray says that what he told her. Exactly. Skahan says it sounds good in front of the jury. She says that's what he told her and that there is not cursing in the document. Murray acknowledges she did not write anything about "Don't talk to my daughter." Skahan done.

Nichols up for re-direct. Murray points out that she wrote a whol paragraph about Hawkins calling her on the cell phone. Several times. Reported that KT got nervous and shaking. Put in the report. The report includes that she ID'ed herself and HAwkins hung up. Called again. She picked up. Hung up again. Left out part about bitch. Nichols finished.

Skahan up. Asks if she left it out because she doesn't include curse words in her supplements. She says she did not write them in the supplements at the time. LAter they told her it was okay to include everything in her supplements. Skahan finishes. No re-re-direct.

Murray steps off the stand.

Jury leaves the room.

Judge adjourns for the day. Will be back at 9:30 am. See you then!

6:12 PM - Jury still reviewing.

6:05 PM - Nichols hands Murray a brown paper bag. She ID's it as containing the totebag.

Murray asks for her supplements to refresh her memory about where they got certain information from. Murray reviews her supplements...

This is a slow process... The supplement is several pages long. In the interim, the judge passes a series of exhbits to the jury for them to review.

She's found what she needs, hands the supplements back to Nichols. Before they can continue with testimony, the jury has to finish reviewing the exhibits.

This, too, is a slow process. We wait...

6 PM - KT took them to the KMart on Austin Peay where they bought the saw. Murray says they went to two different saets of dumpsters and KMart, like one big field trip. Murray says she was looking for video of the family at KMart.

Nichols hands Murray an envelope. Inside: receipt for circular saw. Bought from 3201 Austin Peay, Super KMart.

Nichols places the receipt up on the overhead. Lights go down. Murray points out the date on the receipt. 2/9/08. 6 pm. Refund receipt for $49.99. Tax included $54.61. Murray did not retrieve it. One of the Sgt.'s did and gave it to her.

Murray submitted additional items to TBI for testing. Nichols hands Murray a form. She recognizes as the crime lab sheet requesting items to be tested. Submitted to TBI on 4/14/08. Form on the overhead. Murray filled it out.

1st item -- DNA sample, blood and tissue from victim. Tissue scratched out.

2nd item -- 3 separate samples. Fluid sample found in trunk of vehicle.

3rd item -- sink trap from kitchen sink. Scraqtched out.

4th -- hose from washing machine. Scratched out.

5th -- 4 freezer trays from Kenmore freezer.

6 -- saw with blade

7 -- Buccal swab. DNA from Hawkins

8 -- red and black bag. Inside compartment.

Stuff scratched out indicates TBI told her they would not be able to test those things. Freezer trays were collected by other officers. Craftsman skillsaw came from KMart. MAtched receipt. Red and black totebag submitted to TBI because she was told the bag was used to transport body part. The parts were in bags inside the black canvas totebag. KT's aunt brought totebag to office and turned it over to Murray.  

5:50 PM - Murray says Mason was holding onto HAwkins on the walk back to jail. Mullins and Murray were a step or two ahead. Mason stopped them and made Hawkins repeat himself. Murray heard him say: "I didn't do it, but I covered it up." MAson asked if he wanted to go up and talk about it. He said yes. Murray was present for the interview in the homicide office. She was seated at her desk.

He gave his version of hte facts. He was taken back to jail. Before checking him back in, tehy took Hawkins down to Mississippi to look for the body parts. KT was brought back to homicide the next day. Her grandfather was present. Murray and Mason interviewed KT. Murray was the primary interviewee(r). Murray says KT appeared nervous the first time. The 2nd interview, KT wasn't showing much emotion. She was cooperative, forthcoming. Gave information they did not have from any other source. Murray says she believed her. KT agreed to take them somewhere, Jennifer Meadows apartemnts in Raleigh where garbage bags were disposed of in a dumpster. Took them to the actual dumpster where items were thrown. The mattress was thrown away in a dumpster in her apartment complex. There was a third dumpster but did not remember where.

While talking to KT, her cell phone started ringing. It was close to KT. She physically had it. Skahan asks to approach. Bench conference.....     Over..... Back again....    Over again.

Phone rang. KT answered phone. KT said hello. Murray saw her pause and heard her say "I'm down here talking to these folks." Murray says KT told them that it was her dad. She was shaking. Murray grabbed the phone from her. Murray had heard Hawkins voice before. She said "Hello, who is this?"

The answer was "James HAwkins, who is this?"

"Sgt. Murray."

"Bitch don't talk to my daughter." Hang up.

Rang again. Murray answered. HAng up. Rang again. Murray it ignore.

5:40 PM - The state calls Sgt. Vivian Murray to the witness stand. She works for MPD. 22 years. Homicide investigators. 4 years. Familiar with Tony Mullins and Caroline Mason. Worked with Armstrong.

February 2008. Homicide bureau got involved in missing persons case of Charlene Gaither. Gaither's ID was confirmed to be the body found in Mississippi. Murray says she came in late as case coordinator. Mississippi investigators came in and talked to Armstrong about body. Murray was not there for meeting. She became case coordinator the next day. Case coordinator gives out tasks for other investigators depending on what needs to be done. Other investigators will bring what they learn back to case coordinator. GEnerally like to have 10 on a team. Each team has between 8-10 members. Case coordinator is baseically done by rotation. CC is the depository of all the investigative reports. CC puts it all together when it's over. Sometimes actively involved in investigation. Other times delegating.

 Murray came into contact with James Hawkins. She ID's Hawkins in the courtroom. Came into contact with KT. They are father and daughter. Charlene was KT's mother and Hawkins' girlfriend.

Mississippi had done parts of the investigation before MPD got involved, including a Buccal swab of fluid and tissue from body. Swab sent to Scales BioLabs and then sent back to Murray eventually.

Prosecutor Jennifer Nichols hands Murray a container, like a small styrofoam ice chest of sorts. Murray puts on rubber gloves to handle it. It contains a blood and tissue swab and DNA sample. Murray filled out evidence tag on 3/7/08. Murray says she is aware of Mullin's and Mason's work on this case. Murray says she was present for portions of interview with Hawkins. She says she was present when they walked him toward the jail. Never made it to the jail. They turned around and came back. This was the second Hawkins interview. THey wentback up to homicide office. Interview in the office at Mason's desk.

Came back after Hawkins made a statement to Mason during the walk to the jail. Before walking him down, Murray was at her desk in homicide office.

5:30 PM - Branham asks what mom said that night. Defense objects. Bench conference.

Whispering at the bench. Hushed tones...

Bench conference over.

KT says she was not mad at her mom. She was not angry at her mom. She says she did not want her mom to die. KT says Hawkins got ont eh bed with mom when he choked her. KT says he choked her with his whole arm. He did it 'til she died. KT says she did not get on the bed. Branham finished. Skahan on re-cross.

CAC interview. Just a few weeks before mom died. KT says she had to go home with her dad. In CAC interview she said she didn't want to go home with her mother. KT says she does not remember saying that. Skahan looks for the spot in the document to which he is referring... it takes several seconds... we wait... he flips through some pages... we wait. He's found what he needs. Hands KT the CAC interview transcription. Points out page 19. KT reads. She says it reminds her what she said.

She told the people at CAC that her mom hated her. Skahan apologizes for misspeaking. KT says she told a lot of lies in three week period. Skahan says the only one that is true is the one that kept her from getting charged with 1st degree murder. KT says she is confused by what he is asking. Skahan persists. The prosecution objects. The judge says KT cannot make legal decisions. Skahan says he'll move on.

WHen doctors treated her at the hospital for miscarriage, dad was in the room. Then she went to CAC. She lied there. Skahan done.

Branham up. KT says she lied becasue she did not want to get hurt by him. KT says Hawkins started living with them in 2007. That was when the lies started. KT says she told the truth today. Branham done. Skahan asks for a moment.

Skahan up. 2004. Skahan says she lied when she accused someone of doing something to her she was lying. 2004? asks KT. She says she was not lying to the police when she told them about Nathaniel Wade. She says she did not lie to police when they showed up at the apartment. She says she didn't say anything. Skahan says KT didn;t start lying to police in 2007, that it started 6 years earlier. KT says that's not true. Skahan done.

KT is finished testifying. She steps down from the stand and leaves the room.

5:15 PM - The judge says he plans to go until about 6 pm today. He hopes to call another witness after KT.

The jury is in the courtroom.

Branham continues.

KT says she remembers giving a statement to police. 1st statement on the 15th was mostly lies. She made stuff up because she was afraid and didn't know where HAwkins was. She says she came down from her house on Prince Rupert. The 2nd statement she came from her Grandpa's house. The snd statement is the truth. Branham reads from the statement.

Dad and kids came from movies. Brothers went to bed. She stayed up with dad on sofa. MOm came in sent KT to bed. Argued with dad abotu KT having to go to bed cause she was still a child. She awoke to more arguing between parents. Dad got  aknife. Went to mom's bedroom. Mom was laying on bed on side, facing window. Dad stood over her with knife. Mom threatened to call police. James told her she wasn't going to call anybody. James pulled the knife and stabbed mom in neck. Then he choked her. He told her to help get the blood up. She stared at him. He threatened to kill her. TOld her to help him. He sprayed bleach on floor. Dad sent her into brotehrs bedroom to turn up TV and make sure they didn;t leave. Dad made her help drag body to depp freezer. Dad pointed knife at her neck and asked if she wanted to die. Dad grabbed top, she grabbed feet. Dad cut out carpet, cut out parts of mattress. KT checked on brothers and told them not to leave room. Dad threatened her with knife again. Dragged body to freezer, tied up the freezer with extension chord. Brothers were allowed out of the room. He threatened to kill her. They went to dollar store bought cleaning supplies, chips, adn a drink. Boys asked why the freezer was tied up. Dad told them it was broken. They went to KMArt bought a saw. Dad threw out the knife. Went home. Dad sent boys into car. Dad told her to take tape off freezer door. Dad opened door to freezer. Dad told her to help take body into restroom. She said no.

She did not tell police there for missing persons report because she was scared of her dad.

Statement to CAC was a lie. She can't remember if it was after she went to hospital.

Lived with mom, dad, and brothers when she went to CAC. They all went to CAC. She was going home to sleep in the same house with dad after CAC. Her dad was the father of the baby she miscarried. No one has ever done to her what her dad did. No one else has ever had sex with her.

COach Franklin stared at her everyday. It came up because of her dad. Dad picked her up. Franklin came out of school building. Dad and Franklin had words. After that, they took KT out of Franklin's classroom and she got another math teacher.

Statement regarding mom "acting crazy." KT says mom wasn't acting crazy on the 9th.

5:03 PM - Court is back in session.

Hawkins is back in the room.

KT is back on the witness stand.

The judge calls for the jury.

4:56 PM - Prosecution and defense meets to go through everything to make sure they;re on the same page.

Judge puts court in recess.

4:55 PM - Hawkins cut clothes off the body, put clothes in trash bag. KT was in the bathroom when the body was being cut up.

Judge says KT was not impeached on everything she said cross examination. This discussion regards stuff that would rehabilitate her. This is about the credibility of a witness, not substantive proof. The judge says Branham is limited to what was covered on cross-examination. The judge says they cannot go back over anything that she was not asked about on cross-examination.

Another question from this statement. Why didn't she tell the police what had happened when the police came about missing persons report. "Because I was scared." ALLOWED.

Cannot ask about knife... Was not a part of cross-examination.

4:45 PM - Skahan says there is stuff that is in the statement that has not been previously brought up, not even in the cross-examination. Skahan says they have to go through it line by line. They are going to have to do so in front of the judge. They will redact parts that are not admissible. Branham reads from the statement.

Skahan brings up the parts he will object to. Black jacket in his hand. Nothing about a black jacket. Branham says it was because she brought up that something was covering the knife. Judge says the black jacket can;t be in there...

This is CONTENTIOUS!

"I'm not going nowhere. I'm staying right here." -- Hawkins quote -- OUT.

"You ain't gonna call nothing." -- Hawkins quote when Charlene told her he was going to call police. -- IN.

Then mom starts yelling and then she started to bleed. -- OUT.

James please don't kill me you know I still love you. -- OUT.

We can say the man broke in and did it. What if he's still in jail. -- OUT.

James took out a roll of duct tape and tied up CHarlene's hands. She got her hands out. He jumped on top her and choked her. He choked her until tongue turned purple. Mom asked KT to help her. SHe fell off the bed. He was on top ofe her still. Told KT to go to hall bathroom. Came back in. Stared. He threatened to kill her. He sprayed bleach on wall. He told her if he got caught she was going down too. Slid her into the hall bathroom. Put bloody carpet into the washing machine. Cut hole in mattress where blood spots were. Later threw mattress out. LAter in the restroom, KT was taped up. Told Hawkins that she didn't want to do this anymore and was going to call police and Aunt Tracy.

Slid body into kitchen on a blanket with a towel around her neck and put it into the freezer. Hawkins went into bathroom and bedroom and made sure there was no more blood on the floor. Then dad pulled her aside and told her that he had to do it. She was trying to kick him out. He;d kill her too. "Jail no problem for me." Last quote is OUT. Hawkins spent time in prison previously. The jury is not allowed to know about his stint.

That night, dad told her to lay down next to him because she might run off an call the police.

Bought a saw that cuts wood. James asked why he was buying a saw. For a friend. Friend was gonna pay him back. Chainsaw statement is out. Hawkins told her to help him open the deep freezer. They opened the door and the body fell out.

4:30 PM - Branham wants to read from  the second statement KT made to investigators. It includes a question along the lines of "tell us in your own words what happened." The answer is very long. The judge tells prosecutors they have to stop every 3 or 4 sentences and ask KT if she said that. He will allow them to do so. Skahan asks for a few moments to read over the statement himself. The judge tells him to take as long as he needs.

The jury still is not in the room.

4:25 PM - Jury out of the room.

The judge is trying to decide if certain statements and testimony is going to be admissible. It regards inconsistencies in statements and testimonies... Only the attorneys and judge really know what this discussion is really about.

Branham wants to introduce some statements. Judge says the only things that will be admissible are insonsistent statements she made and has been asked about while testifying. The judge says the lawyers may have to get together to decide which ones in the statements have been covered.

"Judge, I think we have to go through this line by line," Skahan says.

The judge says the attorneys need to go through it together. Skahan objects to everything.

Anything that wasn't talked about in court can be eliminated. The judge will rule on everything they cannot agree on. Skahan says he moves to get the whole CAC statement into this discussion to. The judge says they will have to deal with that issue later. Skahan says he objects because he does not remember KT denying any statements that she made in interviews. The judge asks if KT ever denied making any statements she was asked about.

4:15 PM - The jury is back in the room.

Prosecutor Missy Branham steps up to re-direct on KT.

Branham hands KT 2 documents. Statements made by KT. The 1st taken February 15th. THe 2nd taken February 17th. They are advice of rights forms. Defense asks to approach. There is a bench conference...

The judge sends the jury out of the room. He explains that they have to hold a hearing to decide a question. The hearing must be held outsid ethe jury's presence. KT is asked to step back into judge's chambers.

4:10 PM - During the break, the judge asks the prosecution how many more witnesses they have to call. Nine, at most, is the answer. None of them will take as long as KT. They believe they will be able to wrap up case in chief tomorrow.

Branham is ready. The jury is ready.

Court is back in session.

Hawkins is back in the room.

KT re-takes the stand.

3:55 PM - Skahan asks for a moment. Rifles through notes, sits down, and confers with his defense team, including HAwkins. The four of them whisper together, their heads with a square foot of each other. In the interim, the judge has the jury stand up to stretch out. He stands up to stretch out, too.

The defense team continues conferring... Silence everywhere else. 

While we wait, KT rest her left elbow on the arm of the witness chair and props her chin upon her hand. She looks sad, downtrodden, tired.

Defense finished. Skahan resumes.

Skahan says KT accused 6th grade teacher, Mr. Franklin, of abuse, too.  KT says she accused him of looking at her inappropriately. Skahan finished with cross examination.

Branham says she has a lot of re-direct, but asks for a brief recess. Judge grants it.

Jury out of the room. Hawkins out of the room. Recess.

3:50 PM - KT signed and initialed the document. It is her 1st statement. She says she recalls telling police that dad talked to mom on Sunday and told her to come home. She says it's not true. Dad was not in the room with her when she said it. She says she does not remember seeing her Grandpa there in the room with her. She remembers her aunt Tracy being there. She says she was scared. She says she was not handcuffed. The police yelled at her. She does not remember which time it was. The police were very nice to her in the very beginning the 1st time she went down.

Told police she and dad talked to mom on speaker phone together. It was not true. She made it up. Went to school Monday February 11. Wen to school the whole week. Dad dropped the kids off at sister's house. She took them to school.

February 17, 2008. Late night. KT came down and talked to the police again. KT says it was different this time. The police were not nice. They were yelling. KT acknowledges it scared her. The police brought her into a room and told her she could go to jail. They told her she did this and could go to jail. She says she was handcuffed. They told her she had a right to remain silent. She did not have to talk to them if she did not want to.

KT says police told her that someone had told them that she had killed her mother. She was handcuffed and told she was going to jail. If police change their mind and decide that she did it, she could still go to jail. She says prosecutors told her that. Then she changes her mind and says she does not remember if she was told that. She does not know if she could still go to jail. She says, that night, they told her she could go to jail, but she did not think she was going to go to jail. She says she just knew she was safe from her dad now. She says she did not want to get hurt by him anymore. She says that is not a statement she prepared with prosecutors for testimony. SHe says that's as true as everything else she's said today.

She says she told police about her dad doing it after she found out someone told police she had done it. She says she told them then because she knew her dad was locked up.

3:40 PM - KT says mom and dad weren't arguin "that long" before dad went into bedroom with a knife.

February 12, 2008, police came to house about missing persons report. KT says the polcie told her to find a photo of her mom. She found the photo and gave it to them. Police asked her when the last time she saw her mom was, what she was wearing, where she was, etc. KT acknowledges lying to police at that point. They talked to polcie in the kitchen.

February 15, 2008, she came downtown. Investigators took a statement from her. She talked to Sgt. Murray. Dad was not in the room with them. She says she does not know if the police told her her dad was in jail already. She says that was before the second interview.

Police came 1st time about argument between parents. Second time because of the missing persons report. 3rd time a bunch of cops showed up. KT says she does not remember the police talking to her dad on the breezeway or coming out to grab his hand while he talked to police.

1st interview with police went over midnight into the early morning hours of the next day. Polcie first showed up at apartment and took dad downtown around 11 am. After dad arrested, did not see him for awhile. She told police she had seen her mom Saturday around 8 o'clock. Mom had been mad at her becasue she was up late watching TV. MOm told her to go to her room. Mom was walking around yelling. dad said he wasn't going to argue and laid down on the couch. She told police she did not speak to mom when she left because she didn't want to. KT says that wasn't true. She told police that mom turned to dad and said, "I want to see how they turn out when you raise them." KT says she made that up. She did not want to get in trouble. Skahan says she told police she talked to her mom on Sunday. KT says she does not remember saying that. Skahan hands her a document. Her statement to police.

3:30 PM - Bench conference over.

Skahan resumes cross examination. He reads from the statement, in which she told CAC that mom treats Joshua "so good." She remembers telling the CAC that her mom laid in bed with Josh, but got mad when she laid in bed with her dad. She told CAC that mom hated KT and James, Jr. becuase they wanted to be with dad all the time. She says she does not remember that part.

KT says she does not remember doing a science project on a piece of posterboard with her dad. She got an 80. Her dad took art. Helped her do the science project on posterboard. She says she does remember tellin gthem that. She lied. She says she does not remember a school project, but she lied through most of the interview. She told lady that mom hated her.

Skahan asks if there was any part of the statement that she didn' tlie about. She says she does not know. The state showed her a videotape of the CAC interview. She says they did not show her recently. Does not know when. But they did show it to her. She said she does not remember what she said at CAC. She says telling a lot lies gets confusing to keep up with it. She says sometimes we lie to keep out of trouble but that was not the reason she was lying to CAC.

Family went to go see a movie. Mom wanted to stay home. After movie, dad was supposed to bring home a Sprite to her but did not. Mom got mad because he did not bring home Sprite. KT stayed up late watching TV. MOm got angry. KT did not. KT says mom and dad were still arguing when she got up to go to bed. Mom was mad. KT got up the next morning, they were still arguing. Mom was mad. Mmo and dad were both yelling at each other.

3:20 PM - January 30, 2008. Interview at CAC. She told interviewee that her dad was not touching her. Skahan reads from the transcript. She told CAC that Melvin tried touching her on the butt, but she wouldn't let him. Told mom but mom told her that didn't happen because Melvin was a good man. She says she told them that, but it was a lie. A lot of lies, she says. HArd to keep straight what's truth and what's lies when you tell a lot of lies. She says she lied because she was scared of dad. She says her mom did not tell her to tell people it didn't happen.

Nathaniel. She says she does not remember what her mom told her. Skahan reads from a statement when she told interviewee about being abused by Nathaniel. She had told her mom  but her mom thold her to tell people it didn't happen. She says she does not remember. 

KT says her mom would get mad and try to leave with the kids. SHe says it did not happen often. KT waits for another questions, gazes at the floor. Skahan reads from an old statement. She told interviewee that Hawkins didn't touch her.

On January 30, she was upset with her mom because she told the family that KT had miscarried. "I wasn't mad," she says. She told CAC that mom told a whole side of hte family that she had miscarried because a cousin came back talking to her about it. She told CAC that her dad wouldn;t do that to her. She got into an argument with her mom about it. Mom told her her dad told everybody and she responded "Daddy wouldn't do that to me."

KT says it was not her opinion that at that time her mom was acting crazy. Skahan reads from an old statement in which she said those words. KT told them that Josh was the favorite. Now she says that's not true. She treated them all the same. "All of us would lay in bed with her." KT says mom treated them all the same. Skahan reads from the CAC statement... Prosecutors ask to approach. BEnch conference.

3:10 PM - The interview at the CAC was about a boyfriend of her mom's molesting her. She says she does not remember her mom telling her to say that it didn't happen because htey could take her away from her. Skahan readsw from a statement with CAC interviewee. She says she does not remember saying the words he read. Went back to CAC between 11 and 12.

KT says she did good in school in Covington when her mom was married to Melvin Gaither. In late 2007, mom and dad got back together. They moved into apartment in Memphis. KT went to a different school, American Way Middle. Skahan says she started doing better. She says she does not remember her grades and does not think it was because she was with her dad. Skahan reads from a previous statement she made with the CAC. SHe says she remembers giving that statement and saysing that she did better becasue of being with her dad.

SKahan say she did not get along with Melvin Gaither. She says they got along good. She says she lied to CAC interviewee. She says she lied through most of it.

KT says her parents were not together at the PArkview apartments. KT acknowledges that she told the police she did not want to go with her mom. She told them there wasn't anything wrong. Mom was still mad when police got there. She says she does not remember the police pulling her aside and talking to her alone away from mom and dad. Police asked her if anything physical or sexual was going on. She says she knew what they were talking about. She acknowledges she told the police nothing was happening. She promised the police she was being honest.

KT look straight at Skahan while she is speaking. Skahan is standing directly in front of HAwkins. She folds her arms across her body as if cold or as if comforting herself.

KT acknowledges her mom and dad argues a lot. THe were both swinging at each other only once. It only happened that one time. Both mom and dad were swingin at each other.

3 PM - Video plays on the screen. The brother picks up a box from the shelf. Dad and both brothers walk away. KT stays behind for a brief moment, looking at whatever is on that shelf.

Another video clip. Family walking out of the store. KT acknowledges that her left arm is wrapped around her father's right arm as they walked out of the store.

Another video clip. Family walking out. KT's arm warpped around dad's arm.

Another video clip. Family at return counter. KT standing behind her father. She acknowledges that one of the brother's hugs Hawkins. Later in the clip, KT acknowledges that she walks up behind dad and puts her head on her dad's shoulder. She says she does not agree that that is an affectionate action. Video plays in silence...

Another video clip. Family walking into KMart. Father walks in first. KT walks in last. She acknowledges that she walks past her brotehrs at a rapid pace, catches up with her dad and grabs onto his hand. She says her dad told her to come her. She says she can see her dad turn his head in the video and that he told her to "come here." Skahan finished with video on the overhead.

Skahan wants to ask KT about abuse. KT was 7. A man named Nathaniel Wade. KT alleged that Wade sexually abused her. She told her mom at the time. KT says she remembers. She says she does not remember her mom telling her that that never happened. Skahan says that two years later her grandma took her down to talk to some people about other allegations about another man. She does not remember.

January 2008. KT went to CAC to interview with a lady about some thing. She says she talked to a ladt. They were the only two in the room. She says she does not remember the conversation. She does not remember anyone tellin gher she was safe. SHe says she did not tell teh truth that day. Dad was not in the room.

2:50 PM - KT must be shilly up on the witness stand. She is now wearing a red jacket and keeps her arms tucked close to her torso,

Geraqld Skahan gets up to cross-examine KT.

KT tells Skahan that she is not okay.

Skahan asks her about the trip to KMart. She remembers the trip but does not remember which day. SHe says she does not know if it was the same day her mother died, but it was after her mom died. KT says she was scared as they walked into KMart. She was sad, mad, scared, didn't know what to do. Was not having a good time. Was upset. She says she was shown surveillance photos from KMart. Has never seen video. She says prosecutors showed her. They talked about her testimony but did not tell her what to say or what they were going to ask.

Skahan shows surveillance video from KMart on the overhead. They'r ein the check out line. SHe recognizes herself and her dad in the line. Skahan asks her what she is doing in the video. KT says couldn't really see and can't tell what she was doing. Skahan implies that she was reading a magazine. He plays more video for her. She agrees she was reading a magazine. This was when they were buying the saw. She does not remember which mag she was reading. Did not buy the mag.

Anotehr video on the overhead -- Family walking out KMart. She ID's herself and dad walking out of store. Same man she told the jury she hated. She acknowledges she was holding his arm as they walked out the store.

Another video -- Aisle where they picked out the saw. She ID's herself and her dad in the video. She says they were looking at what was on the shelves, but she does not remember what was on the shelves. Skahan stops it. KT's arm pointing. She acknowledges it looks like she's pointing at somehting on the shelf. KT appears to be moving her leg back and forth in the middle of the aisle.

"Were you dancing?" he asks.

"No sir."

"What were you doing?"

"I was just moving my foot. I wasn't dancing." She says she does not remember this, being in the aisle.

Skahan plays the video. Stretching in teh aisle. She says she does not remember what she was doing. Later, it looks like she and her dad are talking. She says she does not remember what they were talking about.

2:40 PM - Court is back in session. KT re-takes the stand. Hawkins back in the room.

The judge calls for the jury, which just alerted him that they were ready by flipping switch that turns on a light in the courtroom.

2:27 PM - Gerald Skahan had asked for a few minutes to set up for his cross examination. He indicates that it shouldn't take long.

RIght now court is in recess.

KT is back in the judge's chambers with the CAC counselor.

Note: earlier in this blog, I used the word "raped" to describe her description of what HAwkins did to her. That was my word choice, a way to paraphrase what she was telling the court. She has not used that word on the stand. In fact, she is prohibited from using that word on teh stand. That's why she had to describe what he did to her. Hawkins is charged with rape of a child, but it is treated as a second case. In other words, he'll go on trial for that charge at a later date. Right now, this trial is simply about the first degree murder charge.

2:20 PM - Bench conference over.

KT says she does not remember if she ever heard her dad talk about killing mom before this happened. KT says her statement might help her recollection. Branham hands her a document, the statement. KT says she remembers now. KT says her dad talked about killing her mom. She says he told her to come into the kitchen with him. It was a matter of days before hte murder. He pulle dher into the kitchen. HAwkins told her he wanted to kill her mom and wanted her to help. She said no she didn;t want to kill mom. She turned to run off and started crying. He jerked her by the shirt and put a knife to her and threatened. her.

KT says she did not like Hawkins, felt bad about him. She ID's a photo of her mom and points out her dad in the courtroom.

"He's over there," she says. "He has a white shirt on."

KT says she did not want him to touch her, did not want him to kill her mom. She says she just stood there and watched because she did not know what to do. Branham finishes. Passes the witness.

Court takes a recess. Judge sends jury out of the room. HAwkins out of the room.

2:12 PM - Jurors take several moments to review the photograph. While they do so, nothing else is happening. There is silence and waiting...

Testimony resumes. Branham questions KT.

1st statement. Lies. Some parts she made up on her own. Most of it made up on her own.

2nd statement.

Skahan asks to approach. Bench conference.

2:07 PM - KT says a family member brought her to 201. She did not tell family or investigators the real story because she was afraid. This is the 1st statement. She says it is not the truth. She lied because she was scared. She did not know where her dad was. KT says some of the statement is true.

After 1st statement, she went home with her granddad. She did not go to Prince RUpert. She went to granddad's house. Spent the night there. It was the first time she spent the night there since Hawkins moved in. Did not tell granddad becasue she was scared.

2nd statement. KT says it is true. She told the truth the 2nd time because she knew she wanted to tell the truth and she knew she wasn't going back home with "him," her dad, James Hawkins. Did not know who she was going home with, but knew it wasn't him. She knew he could not hurt her anymore so he told Murray and MAson the whole truth. KT acknowledges she said a lot of things in that 2nd statement. Branham asks for a moment.

Judge passes the jury the photo of hte bathroom so that they can review.

Branham discusses matters with Nichols.

2 PM -After KMart, they went back to apartment. She does not remember what she did. She later fell asleep in the bed with Hawkins. He woke her up and told her to help him move the body. She says Hawkins woke her up late at night. KT helped him carry the body downstairs to the car. Put the body in the trunk. KT says she did not want to do this, that Hawkins made her. She says they went someplace in Mississippi. I twas a long drive. Her brothers were at the house. Eventually the car stopped. By a bridge thing. They got out car.

Dad gave her the cell phone and told her to carry the phone. KT got out the car. Popped the hood. Pretended to have car trouble. KT helped him put the body in the ditch then went up by the car adn pretended to be on the cell phone. Dad got back to the car, told her he had to go back and wipe the body down. She stayed in front of the hood. He came back up. They got back in the car and drove away. She says she did not try to make him stop or call the police becasue she was scared of him. She says she is not scared of him now that he is in handcuffs.

They went home. Polcie eventually came for the missing persons report.

THe head, hands, and feet were tossed someplace else. She was awake when they were tossed. Back at the apartment, Hawkins calle dthe police. She saw him call the police. She heard him tell them that mom and ran off and had been gone for awhile. She did not tell police any different because she was scared of Hawkins. She does not remember where her brothers were.

The police came. Police talked to her dad. She says she did not try to tell them what really happened. She was scared to. After polcie left, she cannot remember what happened. The last thing she remembers was the police coming. She says it was a few days later when the police showed up again. She had an opportunity to talk to them. She did not tell them the truth becasue she was afraid.

1:50 PM - When they got home from the store, they told the brothers to go wait in the car. Dad told them he had a project for them that was a surprise. KT says her dad told her he would kill her, too. She believed him. She says she did not call police because she was scared. Tried to later on.

KT says Hawkins threw away the knife into one of the garbage cans at KMart. She says she was scared of Hawkins. KT says they put mom in the hallyway restroom.

Branham hands KT a paper, a photo. On the back, KT had previously written: "This is the bathroom that me and my brothers (couldn't go in.)" KT says she and dad put the body in the tub. 

KT is crying. SHe is speaking low. The judge asks her to speak up.

KT says they cut mom's head, hands, and feet off. She says dad made her carry things. SHe says her dad made her hold the head. KT says she held the head. KT says Hawkins taped her hands behind her back. KT says dad put the head, hands, and feet into a bag and then put them in the deep freezer. She says she helped dad put the body in the deep freezer. KT says dad used the saw they bought at KMart to cut up her mom. Her brothers were in the car. KT says she and her dad cleaned up the bathroom. THe brothers came back in. Neither KT nor dad said anything. One of the boys asked where the project was. Dad told them to clean up the house. KT says she does not know how long they cleaned.

After they cleaned, they went back to KMart. They took the saw back and returned it. It is the same saw they used to cut up mom.

1:40 PM - KT re-takes her seat at the witness stand. She sits facing the jury. Hawkins view of her is a profile. She seems to make extra certain to sit in the position purposely, unwilling to spin even the slightest degree. She cocks her head to the right in order to look at prosecutors.

KT says her dad killed her mom. She saw him go over to her, stab her, and then choke her. She says dad did not choke mom for a long time.

Judge asks her to speak up.

When he got done choking her, she rolled over and fell to the floor closest to the window. When he got through, she wasn;t moving. KT says dad told her to help him cut up the parts. She says she just stood there. SHe did not know what to do. She says he told her to help him get her up. She says he walked over to her and put the knife to her left cheek bone and threatened her. So she helped him. KT says she helped him move the body. KT grabbed the feet. He grabbed the hands. The brothers were in ther bedroom and did not know anything. KT says dad told her to go in the brothers room, turn up the TV real loud, and keep the door closed. Dad was in the master bedroom. Mom was still in there, too. She was dead. KT says she followed directions then went back and helped dad because he told her to and she was scared of him.

KT and Hawkins put mom in the freezer. The freezer only had one door. It is about the same height as a refrigerator. The freezer was in the kitchen. KT says they put mom in the freezer and shut the door. KT says she carried the feet. Dad had upper part. KT says it was hard. After mom went into the freezer, they wrapped a chord around the freezer so the body wouldn't fall out. They went back into the bedroom to start cleaning up. They cut out the blood spots out of the carpet. Dad cut the blood spots out of the bed. The carpet spots were removed from underneath the window where mom's body came to rest. 

KT says they went to KMart to buy a saw. They went to a dollar store to buy cleaning supplies. KT, her brothers, and her dad all went to the store to buy the cleaning supplies. They went to the Dollar Store first. Bought bleach and comet, etc. They cleaned up with that stuff. She now says she cannot remember if that was before or after KMart.

1:30 PM - Court is in session. Hawkins returns to the courtroom.

The judge calls for the jury.

KT will resume her testimony shortly. Judge Chris Craft explains that she spent the entire lunch break in his chambers with the CAC counselor.

1:28 PM - The courtroom fill up. Court is not in session but it is about to be.

The courtroom is packed to the gills with family members.

Courtroom deputy Gordon Abernathie tells everyone to follow the rules, to keep quiet, to not use their cell phones. He tells everybody that he does not want to put anybody out, but will if need be.

12:10 PM - Court is back in order. Hawkins returns to the courtroom.

The jury's lunch is here. Branham tells the judge that this would be a perfect place to break.

The judge is concern. KT has a lot of family support, a counselor, etc. The judge says he wants someone to be with her, but does not want anyone to coach her or tell her she's doing a good job, any of that. Branham suggests KT's counselor and her aunt Cynthia. Cynthia has not been in the courtroom. The counselor is here. She works for the CAC. The counselor steps to the microphone. The judge tells her not to coach KT or encourage or discourage her. Even if KT asks her or brings it up, counselor cannot talk about the trial or testimony with her. Counselor says her goal is to talk to her about other things, not hte trial. Prosecutors advise family members to go out a different was so they can't even see KT. The family agrees.

The judge is pleased with the counselor's promise.

He breaks for lunch until 1:15 pm.

11:55 AM - KT says mom mentioned that they were moving out of Wingood to get away from dad.

The police came to the Wingood apartment. Her mom and dad were swinging at each otehr. She swung at him. He pulled her hair during argument. Mom ran off and called the police. Came back with the police. She says she does not know if anyone went with her. Does not remember where brothers were. SHe was there with her dad when they went to get the police. The police asked if she wanted to go with mom or dad. She told them dad. She says before the police got there, dad told her to tell police she did not want to go with mom.

Mom was upset when daughter stayed. Mom and boys left. KT stayed at house with dad. For a day. The police came back again. She left with her mom. Initially she stayed the first time because dad told her to.

They moved to another apartment with mom and brothers. It did not stay that way. Charlene and James started talking again. After "probably a week" Hawkins moved in with them again at teh prince Rupert apartment. KT says it started again. He was touching her. She says it was the same thing that happened at the old apartment. She says it happened "every other day probably." SHe says she would do what he asked her to do becasue she was scared of him. She knew how he would get if she got mad. He would "get crazy" when he was mad. He would fight, hurt people. SHe says she saw him do that.

KT says her mom was working but she does not know where. KT was going to school. She did not say anything to anybody becasue she was afraid. KT says he threatened her in the Prince RUpert apartment. She was int eh kitchen. She told him she was going to tell somebody because she was tired of it. He put a knife to her and told her not to tell anyone or he would kill her. She never put a knife to him. She agreed not to tell anyone for fear of her life.

KT says she last saw her mom alive on February 9th at hte Prince Rupert apartment. Dad lived with them at that time. KT and dad were in the living room watching TV. Mom came into the lviing room. She yelled that KT needed to be in bed. SHe got up and left. KT says dad had raped her on the couch before. SHe did not want him to do that.

She says she woke up the next morning. She went to the bathroom. Heard mom and dad arguing. They were arguing all throughout the house. KT says she was in her room and was going to use the restroom in the hallway. When she went to use the restroom, they were still arguing. Arguing after she used restroom. Mom in the kitchen. Dad in living room. Mom and KT crossed paths. Mom went to bedroom. Dad got up and went to the kitchen. She did not see what he did int he kitchen. When he came out of the kitchen, he had a knife. KT just saw the handle. It was a small, black handle. She recognized the handle. Couldn't see the rest of it because he had it covered up some kind of way. KT says he stood in the doorway of the master bedroom. Mom and dad started talking. KT was still standing in the hallway. She says she was facing master bedroom doorway. She could see inside. Mom was laying down on bed. Mom was laying on her side, facing the window. Dad was standing in doorway. Saw dad pull out the knife in the bedroom. KT says she saw the whole knife in the room. Mom threatened to call the police. He told her she wasn't going to call the police. Mom ignored him. KT saw the knife when he pulled it out to go to stabd her. It was after she said she was going to call the police. Mom was not facing dad.  Mom was still facing wall. KT says dad had to reach around mom to stab her. KT makes a hooking motion in her waist area. KT says she saw it, did not do anything. She says she was in shock.

KT starts crying. Tears are streaming down her face.

Prosecutor Missy Branham asks for a recess.

The judge sends the jury out of the room.

Court is in recess.

11:40 AM - HAwkins came with a UHaul and moved the family out of the house in Covington and moved them into the apartment at Wingood. She did not want to leave Covington. At Wingood, he kept touching her. She says he asked her touch him, too. KT says it happened every other day at the Wingood Apartment. She says she told him to stop. She fought back. He would force her down on the bed with his hands on her shoulders. She says she would puch back and say no. She says she was not able to push him back. She says he would proceed to do what he wanted, including the touching she described. KT says there was never a time when she liked or agreed to do this stuff. Sometimes she wouldn;t tell him anything. Sometimes she would fight back. She was 12 when they lived at the Wingood Apartments.

KT says it happened everywhere inside the apartment. There were 3 bedrooms. The brothers had one room. She had her room. Mom had another. It happened in her bedroom, Mom's bedroon, boy's bedroom. It happened in the bathrooms, living room, and kitchen. When it happened, mom was most likely gone.

She says Hawkins threatened to hurt her. He did. He hit her in stomach and choked her. Also, he put a knofe up to her. SHe says she never told anybody because she was afraid of him hurting her or possibly killing her. He threatened to kill her twice. While still living at WIngood, she had to go to the hospital. She was bleeding, feeling different, sick, dizzy. She rode int eh ambulance to the hospital. Hawkins rode in teh ambulance with her. She went to a hospital but does not remember which one. The doctors told her she had a miscarriage. She was in teh room with mom and dad. She did not tell anyone what dad had done to her because she was scared. She never had sex with anyone else. Just her dad.

People asked her questions a the CAC. She told them at the CAC that nothing was going on. Mom and dad took her to the CAC. At the time of the interview, she thought her dad was outside waiting. She went home with mom and dad. She does not remember if she told them someone else did this to her. If she did it would be a lie that she told because she did not want to get hurt.

After leaving the hospital, she went back to Wingood apartment. Mom, dad, and brothers were there. She says Hawkins kept touching and raping her. TOuched her all over. Still kissing her. Still making her kiss him. Including places other than his lips. It did not stop after hospital.  

11:30 AM - State calls KT, Hawkins' daughter, to the witness stand. She is 15. She's wearing black dress pants, a black and white checkered short sleeve button down shirt. SHe is soft spoken. SHe just finished 9th grade. She made good grades.

SHe lived in Covington for a period time with her mom, brothers, and stepfather, Melvin Gaither. Her mom was Charlene. Her dad was James Hawkins.

The judge asks KT to speak up. She says Hawkins was not really in her life.

The judge asks her to speak up again.She faces the jury, her back to the judge. She says in 2007, the family went to HAwkins' sister's house somewhere in Memphis. They did not stay. They visited. They spent the night there. Mom did not spend the night there with them. At the sister's house, she slept in her cousin's room. She remembers one cousin. Jasmine. One night there, something unusual happened. It is not easy for her to talk about. On that unusual night, she was in Jasmine's room at night. KT was sleeping. Hawkins woke her up and told her to come watch TV with him in the living room on the couch. She sat on the couch. HAwkins sat beside her. They watched TV. KT fell asleep. She awoke to Hawkins touching her in her private place. She says she was touching her inside her underwear on her vagina. She told him to stop. He did not stop. Then he put his hand over her mouth and told her to be quiet.

Hawkins is taking notes during testimony.

KT says Hawkins kept touching her. She say he then put his penis in her vagina. She says she told him to stop but he did not stop. Then he got up and went into the bathroom. After the incident, he told her something. They were outside the house. Everybody was outside. KT and HAwkins were standing by the car. He told her that if she told anybody he would hurt her. She believed him. She did not want to get hurt. While they were living in Covington, this did not happen again.

11:20 AM - The jury is back in the jury box.

MAson says Hawkins described to her how he held Charlene. TOld her he held her anywhere from an hour to two. He held with his arm in the form of a chicken wing, with her neck in the crook of his elbow. Branham asks if he told her that he called for an ambulance. She says not to her knowledge. Defense asks to approach. Short bench conference... over.

Mason says Hawkins did not call the police. He did not offer assistance to help her. Branham done.

Nance up again. On the 17th, daughter was nervouse before the interview. SHe knew her father was in jail. Mason says the daughter had been told that they believed she had more to add that she had not previously disclosed.  Mason says she does not know if she was given any details. But they wanted to talk to her again. Daughter was mirandized. MAson is done on the stand.

11:15 AM - Branham tells the judge she is almost done with Mason. The next witness will be a minor, Hawkins daughter. The judge tells the camera not to point in the direction of the next witness.

When she testifies, I will refer to her by her initials, KT. Because of the allegations that she was sexually abused Action News 5 is not identifying her.

Court is back in session. Hawkins is back in the room. The judge calls for the jury.

11:02 AM - It's another long bench conference.

In the middle of it, the judge calls for a recess. He sends the jury out of the room. Mason steps down from the stand. The judge tells her not to talk to any lawyers during the break.

The judge rules that the state is allowed to go into it, what she saw and what she heard regarding the inappropriate contact covered on cross-examination.

Court is in recess.

When it resumes, Mason will resume testimony on re-direct from prosecution.

Note: The defense team consists of three lawyers, Gerald Skahan, Larry Nance, And Kendall Nance. The Nance's are not related. Their last name's are simply a coincidence.

10:55 AM - The bench conference lasts several minutes, during which defense attorney Larry NAnce confers quietly with HAwkins while the other attorneys are at the bench.

Finally, the bench conference ends.

Mason has had an opportunity to review the supplement. The judge has a courtroom deputy walk the supplement from MAson back to Nance. He jokes that he has to make the deputies work every now and then otehrwise they might gain some weight. The deputy gives him a sarcastic glance. There is laughter in the courtroom.

Mason acknowledges she observed that daughter showed no emotion while describing theses gruesome events. Mason says she then observed that the daughter may have had an attitude at some point in the interview. There may have been some emotional changes during the interview. Nance is finished with cross.

Prosecutor Missy Branham up for re-direct. Daughter was 12 when they interviewed her in February, 2008. Mason says she asked daughter to calm down and relax. No one was going to hurt her and her father was in custody. Skahan objects tot he wording of most of Branham's wording. There seems to be some back and forth between attorneys, as though the defense is getting revenge for all the prosecutions earlier objections.

Mason says she did go to the Prince Rupert apartment. Mason she has investigated lots of children. Can't say an exact number. Branham asks where daughter fit in with all the children she's interviewed. Skahan objects. Judge sustains it. Mason says daughter was really nervous. She says she has never investigated a case like this, in which a child has been accused of killing her father or mother like this. Mason says daughter was nervous, scared, fearful, like there was a lot going on with the daughter, a lot for her to grasp. The fear, the pressure, the Stress. SHe asked the daughter to calm down and relax. SHe told her that dad was in jail. SHe says she noticed daughter change, get calmer. SHe talked to investigators and seemed relieved, like a burden had been lifted.

Mason says, during the investigation, the only evidence of inappropriate relationship she discovered was what she found in the bedroom. Defense objects to further questioning, claiming they did not ask about that on cross. BEnch cofnerence.

10:41 AM - Bench conference over. During the interview of the daughter, she was placed in the large interview room. She was not handcuffed, but she was in teh defendant's chair, which is not uncommon. Mason says she was htere through the whole interview. Miranda was read becuase there was a possibility she might be charged. Mason says the daughter was nervous. Mason says that is a nervous situation to be in. MAson says daughter eventually began telling story. She agrees it was a gruesome story. MAson says daughter was nervous in thebeginning. She asked her to calm down. Nance says MAson made note in her supplement that daughter was calm throughout the gruesome storytelling. Prosecution objects. Judge tells the jury not to pay attention to NAnce's statement. Nance grabs the supplement. She hands it to Mason to read.

"Second marking," Nance directs MAson. "LAst sentence. FIrst paragraph." 

Prosecution asks to approach. Bench conference.

10:35 AM - Mason says she did the interview with daughter. A transcriptionist typed it up. Daughter was read her Miranda Rights to inform them of their rights in case she said something incriminating. They read her those rights based on what Hawkins had said. This statement was taken on February 17, 2008. Nance asks what the heading on that statement was. Mason says she does not remember. Nance goes looking for it. Prosecution asks to approach. Bench conference.

10:30 AM - The judge explains to Nance how she must word certain questions. Bench conference over. NAnce resumes.

Hawkins was not there at KMart when the daughter met the investigators there. MAson was there for the search warrant at the apartment. Mason observed the missing piece of carpet. She was not in charge of taking pictures of that. She is not aware if there was a picture taken of the missing carpet. Mason says Hawkins wanted to talk on the 16th. And they wanted to talk to him. MAson says he eventually sat down and talked to them and told them his side of the story.

Friday night they went to the movies. Charlene didn't go. They came home. Arguing. Everybody went to bed. Woke up in the morning. Heard more arguing. Went to the master bedroom to find daughter and Charlene arguing. Daughter had knife in hand. Charlene was layin gon bed, propping herself up with her elbow. Daughter stabbed her in the neck while she was laying down. Hawkins told them he held Charlene while she died. Daughter begged dad to help. Then Hawkins told them all the details about what happened after she passed. Mason says she's not sure he told them about the saw. But he did tell them about the body parts and where to find them. But bad weather and circumstances meant they never found any of that. MAson says they had no reason to believe he was being untruthful at the time.

HAwkins told them that he didn't have problems with Charlene. She nagged a lot. She seemed agitated. Hawkins told them he believed she was having an affair with ex-husband Melvin Gaither. Nance asks if Mason got humbled when he talked about his kids. Prosecution objects. Judge allows the question. Nance asks if she wrote in her supplement that Hawkins got humbled when he ta, lked about his kids. Mason asks to see her supplement. Nance finds it and hands it to her.

"It would be the first star on thepage," NAnce says. "I know it's covered up."

Mason reads... "Yes." She explains that HAwkins seemed calmer when they asked about kids. Mason says he seemed like a proud father. Nance asks about the walk back to the "old release" point. Mason says it is on the Lower Level of 201, not the first floor. They were on teh way to the LL when Hawkins whispered that he had helped cover it up. The other officers didn't hear it. Mason says he told her he didn;t do. SHe asked him to repeat. He told her he didn;t do it, but helped cover it up.

They went upstairs and interviewed him in the homicide office, handcuffed his hand to a chair. MAson acknowledges people lie for different reasons. To cover up stuff. Becuase they're guilty. To protect people they love. To blame others.

Eventually the body ID was confirmed. They informed the family, a horrible task. They informed family they had to speak with daughter. They told family that they were going to talk with daughter a little differently this time. Mason says Murray did all the talking. Prosecution objects. Judge says she can talk about it if she was present. Mason says she does not recall being involved in the notification.

10:18 AM - Bench conference finally over. The investigated the dad's friend (I can't make out the name) but nothing came out of that investigation.

At KMart, daughter and grandpa were there. Hawkins was not. He was in 201 Poplar. Investigators Mason, Mullins, and Davison were all at the store. Daughter stayed in the car with Sgt. Murray. Mason was in her presence. The prosecution is objecting to most of Nance's wording. The judge asks them to all approach the bench.

10:15 AM - This bench conference lasts several minutes before finally ending.

Nance resumes her cross.

Immediate objection to the wording of the question. Judge explains some legalese to the jury.

Nance resumes. Mason re-iterates that nothing seeme, d especially weird about the daughter checking on her dad. Mason later learned that the daughter had her own cell phone. Mason says they discovered an inappr, opriate relationship between daughter and dad. Nance asks if it is in her supplement. And would it be important to put in the supplement. Mason says she's not sure if it's , in there. Nance says it's not in there, would she like to review. The judge tells her not to make statement's like, "it's not in there." SHe has to ask the witness in order to make the point. Nance hands Mason a document. Mason pooints out where she made note of relationship.

Nance seems to have lost her train of thought, as though she handed Mason the wrong document. But she continues on.

Mason says the entire team was working on this one case. The investigators were assigned tasks by the case officer. Then they would all get together to have briefings about new developments throughout the day. At one point, MAson was directed to the Jennifer Meadows apartments. They went searching for certain garbage, but the bags had already been emptied. The daughter, Grandfather, and Murray met Mason and Mullins at the KMart parking lot on Austin Peay. Daughter gave them information and pieces to put together. They would not have known about the saw if daughter had not told them. They got a saw from the KMart. Then she they found out about hte freezer. Mason says the daughter disclosed about the freezer being taped up. Mason acknowledges the daughter gave the information in little pieces. NAnce asks about a friend of dad's that daughter told them about. Prosecution objects to hearsay. Bench conference.

10:00 AM - Nance asks about the daughter coming out to check on the father. Mason says she didn't find it unusual. And does not know why daughter kept checking on her. Mason re-iterates that she thought the kids were just acting like kids. Mason says if something seemed wrong with the kids they would've pulled the kids aside and talked.

The next day, a Saturday, they kept i, nvestigating. The body ID had not been confirmed yet. During the investigation, on Friday night, they talked to Joshua Irvin. Granfather was present with him. After the movie Friday night, mom was fussing at daughter because she had been up late. The next morning, Nance asks if Josh had heard his mom fussing again. Mason says she not sure. Prosecution objects to hearsay and says Josh was already up on the stand, coulld've and did ask him then. Bench conference. Whispering with the judge.

9:55 AM - The defense team dicusses matters privately. Hawkins is involved in the conversation.

The jury returns to the room.

Defense attorney Kendall Nance steps up to cross-examine Mason. Mason was a homicide investigator for 6 years. Investigated hundreds of homicides. Mason and the team got involved February 15, 2008 after the body was discovered in DeSoto County. At that point, it had not been confirmed that the body was that of the missing person. Mason she does not recollect knowing that Armstrong was a personal friend of Gaither's brother-in-law.

Mason says in this circumstance, they looked into the person who filed the missing persons report. Mason says she has investigated kids who have investigated murders. It's possible that kids commit murder. Mason acknowledges they focused on Hawkins becasue he filed missing persons report. They went to Nike and Prince Rupert. They were not wearing uniforms and were in unmarked cars. Masons says Hawkins was not aware that they were there. Mason says they located hte vehicle and were asked to stay there. Mason says they were looking for a particular car. Mason says she does not recall having a description or picture of Hawkins. They followed Hawkins when he got in the car and left. Hawkins made a sudden u-turn, they blue-lighted him. Everybody got out of their cars. Mason and Mullins were on either side of hte car. HAwkins looked back and forth between the two investigators. She says that w, as not strange to her. Nance asks her how a person should act when 2 known homicide investigators from TV show up to talk to them. She says she does not know how a person should act. However she says Hawkins was nervous but does not know why. Later found out that Hawkins had filed a false missing persons report.

Mason says Hawkins parked the car, got the kids situated, and came out and talked to investigators. Hawkins told her that Charlene and the kids had moved into the apartment a month ago. He had another place he stayed. Someone broke into the apartment so he moved back into the Prince RUpert address. MAson says he was forthcoming with that information.

9:42 AM - Both sides are ready to proceed. Court is in session. Hawkins is in the room, wearing a button down white shirt and dark slacks.

Before calling for the jury, prosecutors ask that HAwkins' daughter be allowed to walk into the courtroom through the back  door before taking the stand today. Defense attorneys say the jury should not see her being treated any differently than the other witnesses. Prosecutors say she is afraid of Hawkins and needs to feel completely comfortable. Defense attorneys say the daughter needs a criminal defense attorney to represent her and provide counsel when she takes the stand to protect her and advise her of her righst. Skahan says she may be implicated and could open herself up to indictment. Skahan says she needs representation and they need to have a hearing about it before she testifies. The judge says he appreciates Skahan's concern. The issue does not seemed resolved.

The judge calls for the jury.

9:35 AM - Court started at 9 am this morning. The judge has already cleared the remainder of his docket. Trial should resume shortly. The judge wants to start at 9:30. It does not appear as though there will be any delays this morning.

When trial resumes, Memphis Police Lt. Caroline Mason will take the stand again for cross-examination. In fact, she is already in the courtroom, already on the stand. Mason is now a Lt. in the Felony Response unit on the overnight shift. In February 2008, she was a Sgt. in the homicide uni, t. For awhile yesterday I was spelling her last name Masson, with two s'. The correct spelling is Mason, with one s. I apologize.

The jury is not yet in the room. And court is currently in recess.

8:20am - Action News 5's Nick Kenney will be blogging all the proceedings from inside the courtroom today.

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