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 off 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 argued 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.
5:25 PM - The jury is finished reviewing these documents. He thanks them for working hard today. He tells them to get som rest.
"We'll be going at it all day," he says as he excuses them from the room. "See you tomorrow at 9 o'clock.
As he adjourns, Nichols asks him to stop. She says she has one issue, but needs to approach the bench to discuss it. Bench conference. Private. Whispers.
Bench conference finished.
Court is adjourned until 9 am, sharp.
Everyone goes home.
I will not be here tomorrow, but either wmctv.com's Jeremiah Trotter or Staurt Ervin will be here to take you through the day. So come back tomorrow for more. Otherwise, thanks for reading and I'll see you on TV. Nick
5:16 PM - The day is winding down.
As soon as the jury finishes looking at this paperwork, it's quitting time.
Tomorrow, a man's life hangs in the balance.
The judge says they will finish tomorrow regardless. He does not want to keep the jury until Monday, which would have to happen if there is no conlusion on Saturday because they cannot work on Sunday. In case you missed it earlier, James Hawkins does not want to work on Sunday. The reason: it violates his religious beliefs.
5:07 PM - The jury continues to review these documents. It may take a moment.
Hawkins' previous felony convictions appear to be from the same event in which there were a bunch of victims. However, there has been no explanation of what happened that got him charged with all those things. Perhaps the witness tomorrow will explain considering she is one of the victims listed on one of the cases. Whatever it was, Hawkins pleaded guilty as charged to each count. And whatever it was, the time must have been sentenced concurrent. Plus, he did not serve all of it, not if he got at least 15 years on July 19, 1999 an then killed Gaither on February 9, 2008. The math doesn't add up to serving the full prison term.
Anyhoo...
In order to get death, the state has to prove two aggravating factors. First, that he cut up the body. The pictures were proof of that. And the defense didn't even argue it. Second, that he has a prior violent felony conviction. The 17 guilty please were proof of that. The defense again did not argue the point.
Now, in order to save his life, the defense will have to present evidence of mitigating factors. Skahan says they plan to show that he was sexually abused as a child and a that he was on the phone talking to his brother when his brother was murdered. He says those two things would lead anyone on a bad path. Skahan won;t get his chance to try to save Hawkins' life until tomorrow.
The prosecution will continue with its proof at 9 am. One witness. Then the defense. Then closing arguments.
For now, the jury is reviewing the previous criminal files.
5:00 PM - The jury is back in the room.
Court clerk's office employee Michelle Jones remains on the witness stand.
Judge Chris Craft reads the stipulation. The convictions of Hawkins are convictions of the same Hawkins on trial.
Nichols says she has no further questions for Jones. Defense has not questions. JOnes leaves the room.
The judge has the deputy pass all the case jackets to the jury for their review. He explains that after they review thes jackets, they will be done for the day. He says the state will call one more witness tomorrow morning. Then they will hear the defense's case. Then closing arguments. Then they will deliberate. He says they will end early today. He wants them to be well rested for tomorrow. He says tomorrow will be a long day, one in which they will have to deliberate again.
The jury reviews the case jackets.
4:55 PM - During the break, the lawyers drew up a stipulation that they all agreed to. Hawkins was eventually removed from the room. And the judge decided that court will resume at 9 o'clock in the morning.
Now court is back in session.
Hawkins is back in the room. The state still ahs to call Shelia Johnson to the witness stand. The judge makes her come into the courtroom. He tells her to come back to 201 to testify in this case. Johnson is one of Hawkins' previous victims. She leaves and promises to return tomorrow.
The stipulation is that the Hawkins who pleaded guilty in 1999 is the same Hawkins found guilty today. The judge asks if the stipulation, which he signed, is okay with him. He nods then says yes.
The judge accepts it and asks for the jury.
4:42 PM - Court is in recess. Hawkins is still in the room, though. His defense team whispers together. Hawkins looks despondent.
4:40 PM - Nichols continues with more records...
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Clarence Winfrey.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Bernita Franklin.
Nichols passes Jones another document with a seal. Document says all these documents are true and correct.
Another document. Charge is 1st degree murder, false offense report, abbuse of a corpse. No disposition entered yet. Nichols asks to approach. There is a bench conference. The judge sends the jury out of the room. Bench conference over. Judge says they will take a break "for about 5 minutes."
Not sure what they issue is...
Prosecutors search for something and whisper to each other. Court is in recess.
4:33 PM - Nichols continues with the criminal records...
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Cassandra West.
Nichols is using Jones to introduce the 17 different felony convictions against James Hawkins. The disposition date for all of these cases is the same. There is not explanation. There is no explanation of the charges either. I wonder if it was one event for which he picked up a ton of charges and then just pleaded out. Obviously, he did not serve his full sentence.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Chasatye Robertson.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Chaze Owens.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Chase Owens (not to be confused with the victim above).
July 19, 1999, Hawkins pleaded guilty to assault. May have been aggravated. Looks like a felony. Got 15 years. Judgement sheet only. There is no victim acknowledged.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Mack Buckner.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Either they did not acknowledg victim or I missed it.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Linda Maxwell.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Eleanor Humphrey.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Latise Tate.
4:20 PM - State calls Michelle Jones to the stand. She works for the clerk of court's office. Keeps records. She is assigned to Criminal Division 10. She says she is familiar with the way records are made. They are made at or near the courtroom event. Receive documentation and process accordingly.
Jones says she was subpoeanaed to bring in records for James Hawkins/Thomas. Jones is at hte witness stand. There is a stack of white manila folders to her right. They are case jackets from prior Hawkins' cases.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Victim was Quintrico Maxwell. Hawkins was sentenced to 15 years in state prison on that case. Jones explains that, once you're booked into jail, you get an RNI number that stays with you forever. Hawkins/Thomas RNI is 213143
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Johnny Hines.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Nolan Ford.
July 19, 1999, Hawkins pleaded guilty to aggravated assault. Got 3 years. Victim was Ganwic Johnson.
July 19, 1999, Hawkins pleaded guilty to aggravated robbery. Got 15 years. Victim was Shelia Johnson.
4:05 PM - Bench conference over. Judge tells jury that CHancellor will be allowed to testify as expert. Nichols hands Chancellpr six photos. She recognizes. They were some of the photos given to her to review fromt he autopsy done on Gaither. Chancellor says the 1st photo is the body on the autopsy table. Taken from position of where the head should be down toward the feet. Shows the head has been reomoved. Entered into evidence as an exhibit. Anotehr photo from autopsy. Upper body of left side of the body.
"The head is, uh, absent," Chancellor explains. Entered into evidence. They are not showing hte photos yet. Chancellor simply explains them.
Chancellor describes another photo that shows the right side of body. Right hand and foot are gone. Other wounds. Sharp force, cutting type of action created those wounds.
Chancellor says she did not examine body herself.
4th photo shows left side of body that shows the absence of both feet and bone exposed. Another photo is a close up the right arm. Shows the absence of the lower part of the arm up to the elbow region. 6th photo shows the left arm fromt eh left shoulder area. Shows that the left hand was removed from the wrist area.
Chancellor says the wounds to the body occurred post mortem, after death. They are dry wounds, no bleeding. Consisten with wounds after death.
Nichols asks for and receives permission to publish photos on overhead.
Photo 1 -- Body with no end. Bloody stump of a neck. Chancellor points out where the head should be. She points out hte wound where the head was removed. The wound is dry, no obvious area of bleeding. Hawkins bows his head and, with his left hand, hides his eyes from seeing the gruesome image on the screen. He looks like he has no desire to see this image. Chancellor says the injury is at the base of the neck, Head and neck have been removed.
Photo 2 -- Nothing above shoulder level. Head removed from the base of the neck.
Photo 3 -- no right hand. No feet. Other injuries on teh right leg in teh thigh area. Appearance consistent with being made after death. Dry, greyish in appearance. Note: this is shocking, hard to stomach. Chancellor says the wounds were made with sharp object, perhaps with a chopping motion. It appear that the right leg was almost cut off at the thigh area, then around the knee area before finally being cut at the ankle area.
Photo 3 -- Both legs from the left side of the body. Removal of left foot. No right foot. Bone protruding from the right leg.
Photo 4 -- Close up of right arm. Shows elbow region. Dry wound. After death.
Photo 5 -- Close up of left side of body. Left hand removed at the wrist.
State finished with Chancellor. Defense has no questions. Chancellor released from stand. It was a good thing some family members left. That was disturbing. So disturbing Hawkins refused to look.
3:53 PM - The state calls Dr. Karen CHancellor to the witness stand.
"Well, time to go," says Charlene's father as he gets up to leave the room with other family members. Some stay in the room.
"This is bad," Nichols tells them.
"I know," one responds. "Life is bad."
Dr. Karen Chancellor takes the witness stand. She explains her credentials, says she examines all suspicious deaths, homicides, suicides. Chancellor says there are four doctors in the office who are all forensic pathologists. They examine bodies after death to determine cause of death. She has had to consult on bodies found in other jurisdictions. She was asked to look at autopsy photos in the case of Charlene Gaither. Nichols asks to hand her some photos.
"Any objections?" the judge asks.
"May we approach?" the defense asks.
There is private bench conference.
3:50 PM - The warning about no outbursts continues for several minutes. Craft says he does not want to put anyone in contempt and have them locked up, but he will in order to keep order. He's had to do it before.
The jury returns to the room.
State calls Cynthia Guy to the witness stand.
Charlene Gaither is Cynthia Guy's younger sister. Three years younger. Guy is familiar with Gaither's kids. They live with Guy, her husband, and her two kids. Her two kids are 10 and 3. In februay 2008, her kids were 7 and 4 months. They all live together in 2 bedroom and one bathroom house. 5 kids, 2 adults. Guy says Charlene's death had a big emotional affect on the family, divided the family. Charlene raised teh kids to the best of her ability. Guy tries her best, too. When CHarlen died, the middle sister wasnt doing well. Cried all the time. Mental state messed up. Guy had to take KT. KT has counseling every week . The three boys went to 3 different counselors.
Guy and Gaither's mom died 12 weeks after Charlene's death. Their mom died of a stroke or aneurysm to the brain. She didn't take it well. Nobody took it well. Guy says she has blood pressue issue. Gained weight. She and husband having troubles. Smaller family was easier to travel, go out to eat. Bigger family means they cannot go do lots of things they used to go do. Guy says she takes KT to counseling every week. Branham has no further question. Defense has no questions Guy is done on the stand.
3:40 PM - Both sides tell the judge they are ready. The prosecution will call Cynthia Guy to the witness stand followed by Medical Examiner Dr. Karen Chancellor. During Chancellor's testimony will include the terrible photographs.
Branham tells the judge they will finish their case tomorrow morning. They may present a witness who is not here today. Skahan says they will finsish tomorrow too. The judge asks them to make that happen, especially if Hawkins does not want to work on Sunday. The judge does not want to keep the jury until Monday.
The judge asks for the jury.
The judge warns the family that some terrible photos will be coming up. He warns them they are not allowed to react emotionally. If they feel they might do that, they need to step out before Chancellor takes the stand.
3:20 PM - Hastings agrees that hearing one's brother get murdered is a situation in which the church would want to get involved. He has seen situations like that before. Getting involved with prayer works, Skahan says. Hastings agrees. Hastings says the family was bitter, enraged, felt heartache. Hastings says it sticks with them for the rest of their lives.
Skahan asks if people have turned their lives around through prayer. Hastings asks for an example. Branham objects to such a broad question with no significance.
Hastings says ministers do not give up on people, even when they do bad things. Kendall Nance hands Skahan a note. He reads and gives Hastings an example, "The Apostle Paul." Hastings says he does not want to get into a theological debate. The judge says he does not want to either. "It would be very one-sided," Skahan and everyone else laughs. Hastings say he works with broken people. Skahan finishes.
Branham up again. Hastings says the family is affected emotionally, financially, etc.
Branham is finished. Hastings steps down.
The judge tells the jury they are working with man's law. God has his own law. They must consider testimony based on teh law they are given in the jury instruction.
Prosecution asks for a short recess. The judge grants it. The jury is out of the room. The courtroom empties. Court is in recess.
3:15 PM - State calls Toney Hastings to the witness stand. He is the senior pastor, referred to a pastor. Lewis Irvin and Gaither's family are members at his church. He says he got a phone call when Gaither was killed. He left home and went with family, went down to homicide. Spent many hours with them. Been with them up to this point. Been here throughout this entire trial.
He ID's the family in the courtroom.
Hastings says Lewis Irvin was outgoing, faithful to ministry, jovial, active at church. Afterwards, he did a 180 degree turnaround. Inconcictent in attendance. Low self-esteem. Frustrated. Devastated. Crying out. Living at altar. Expressed a desire to no longer live at times.
Hastings says there has been a financial impact to the family. Sister and husband don't make enough to raise the kids.
Hastings says there has been a spiritual and psychological impact. Lewis and his sister and her daughter. He's known them for a decade. Now they don;t attend for several weeks at a time. Lewis has torn up things at hom eout of frustration and anger. Turned over tables, broken vases. The ministerial team would go over, pray with him, try to console him.
Hastings say he is not familiar with Charlene Gaither. Prosecution finished.
Skahan up to cross-examine.
Hastings says the church is supposed to help the family heal after tragedy. It's an important rock for people to hang onto in tough times. Hastings says they believe they can help people heal. They try to have an impact. The entire family unit is affected when tragedy occurs. Some react differently. Without people like Hastings to intervene, it could lead to people heading down the wrong path.
Skahan points out Lewis Irvin's rage that Hastings testified to. If rage isn't let out, it might be turned to something bad. Overturning tables is understanding. Hastings says it's relative to the individual. Healing does not take 15 minutes. It is an ongoing process.
3:05 PM - Skahan up for opening. He acknowledges the prior crimes of violence. He says they will find that. He says that if they find he should die, they will have to each sign the "death warrant" individually.
Skahan says htey will hear about Hawkins' life. He says he will not excuse Hawkins' behavior, but htey will hear the circumstances that lead to this situation. He says Hawkins deserves to live. He says they will hear victim impact statements about how bad it affects you when somebody in your family is murdered and how bad it affects you when someone commits sexual abuse on children. Skahan says it affected Charlen Gaither. Skahan says somebody in the family shares this trait. James Hawkins. He says it does not excuse or justify the behavior. We learn from our childhood. He says Hawkins was sexually abused when he was 5. It started when he was 5 years old. Done by a family member. Hawkins life was going on okay. At 19, he was on the phone talking to his younger brother Christopher. While on the phone with CHristopher, someone killed Christopher. It does not condone, but it gives an idea of what set in motion these things. Less than a year after his brothers murder while talking to him on the phone, he was convicted of a string of robberies.
His brotehr's murder does not justify, but it gives a pretty good reason. Because of the rage that he had. Skahan says they will tell as much of Hawkins story as they can tell them, as much as people will talk about. The psychologist went to talk to James. James would not talk about it. Skahan says it's a little piece of what they'll hear. He says this case is horrible. It's terrible. He says Hawkins was set on a path that put him out of control.
Skahan says they will see photos becasue the law says they must. The photos will be of Gaither's body cut up. The photos are unbelievable horrible. It's going to inflame.
Note: District Attorney General Amy Weirich just walked into the courtroom and took a seat next to me on the front row.
Skahan continues.. He acknowledges this case is terrible. The pictures are awful. He argues for life without parole. He says death is vengeance. Life without parole is not. He says there is a lot of mitigation is JAmes HAwkins' life. SKahan says he's not sure how much will come out. A lot of people won't talk about it.
He says Hawkins' dad is finally being investigated for it.
Skahan asks them to listen to the mitigation. He argues they keep Hawkins alive. What Charlene gaither's family has gone through is something Hawkins' family has gone through with his brother. The jury can end this with a life sentence. Skahan is finished.
2:53 PM - Prosecutor Jennifer Nichols steps up to give the state's opening statement.
The presumption of innicence is gone. 20-30 feet away is James Hawkins, not innocent man but convicted murder. By their verdict, they found that Hawkins stabbed and strangled Gaither until she died. Likewise, he needs to be punished for what he did. In this phase, the jury must decide whether or not the punishment he deserves is the ultimate punishement: death.
She says they will hear aggravators and mitigators. She says they will hear victim impact statements which are not aggravators but they can use it when they weigh whether or not the aggravators outweigh the mitigators.
Nichols tells the jury, for the first time, that prior to to killing CHarlene Gaither, he was guilty of not 1 or 2 or 4 or 6 or 8 or 10 or 12 or 14 or 16, but 17 crimes of violence. Aggravated robbery. Aggravated assaults. One prior crime of violence is enought. James HAwkins, convicted murderer has 17. Nichols says they must prove that Hawkins mutilated hte body.
"Is there any doubt at this point?" she asks. Nichols says she will show them photos that more accurately depict what he did to the body. Photos that will be seared into their memories forever. She says they were asked if they are willing to follow the law. SHe says they all said they could.
While Nichols talks, Skahan leans back to whisper to Hawkins. The pair converse quietly as Nichols continues.
She says the state will carry its burden of proof and when they do they will ask that go to the jury room, apply the law, and return a unanimous verdict to sentence James Hawkins to death. Nichols is finsihed with opening.
2:45 PM - The jury is back in the room. He welcomes them to the room and explains that they will not finish today... "Sometime tomorrow morning," he says.
The state must prove two aggravating factors in order to sentence him to life without parole or death.
The defendant was convicted of previous violent felony and that the defendant knowingly mutilated the body.
Victim impact evidence is not an aggravating circumstance. The state is allowed to put on the proof though.
The defense may put on mitigation. Anything that would tend to lessen the punishment. Do not have to agree on a particular mitigating circumstance. Judge explains the parts of this sentencing hearing.
2:37 PM - There is another victim impact witness. FOund him quickly. Can do it today.
Jury still out.
State calls Bishop Toney Hastings. New Bellevue Baptist CHurch. Been there for 8-1/2 years. The family is members at the church for at least the past 10 years. He has gotten very close to family since he became pastor. Hastings says he is familiar with when CHarlene was found dead. Got a phone call that night more than three years ago from Lewis Irvin, Charlene's dad. He knew them before Charlene's dad. Lewis Irvin changed a lot after CHarlene's death. He had been active in church. Outgoing, charismatic. His whole demeanor changed drastically. Self-esteem bottomed out. No longer a regular at church. It affected his diet, job performance, outlook. He became bitter, enraged, angry from day to day. These are Hastins' observations.
The family is hear today.
Charlene's death is emotional, imbalanced, on an emotional rollercoaster as a result of Charlene's death. Family members ask for hi mto pray for the strength of the children. The family felt heartbreak.
Hastings says he became familiar with kids after murder. Through Lewis Irvin. Hastings says he has been at gatherings with kids. Spoke to them briefly, not in detail. Hastings says he would describe the children, from his perspective, as everyday children who will have emotional hills to climb as a result of what htey have had to endure.
Branham has not further questions. Hastings steps down. The defense seems to have no problems with either victim impact witness.
The judge asks for the jury.
2:29 PM - Court is already back in session. The break was brief. Hawkins returns to the courtroom.
2:26 PM - Cynthia Guy takes the witness stand. No jury in the room.
Charlene is Cynthia's little sister. She is familiar with the three kids. She names them. Guy appears to be able to hold together. Guys says she had just had a baby when CHarlene passed. Now she is a mom to 5. SHe staya ina 2 bedroom, one bathroom house. She is raising CHarlene's kids. The kids when to three different counselors. One of the kids was sleepwalking. SOmetimes they cry out, daydream. KT goes to counseling every week. Guy says it has impacted her financially. Light bills went up. Gas bills. Doctor bills.
Branham asks about emotional difference. Kids still ask her if they will have another funeral if the other remains are found. She has to call the counselor for answere. Guy says she herself has had to counseling. She says the kids cry out. She says the house gets divided sometime. Sometimes there is friction in the family.
She misses her sister. She first found out about death on Valentine's Day 2008. She was shocked. Guy is a hairstylists Her husband owns his own shoeshine repair business. When Charlene died, she had a 7-year-old and a 4-month-old. Then she got Charlene's kids. Cynthia says her clientele has gone down because her hours fluctuate with all the kids. She can't be at work as much. It has hurt everyday life. Guy says she and Charlene have the same mother, but different fathers. Mom died 12 weeks after Charlene. Charlene's dad has been affected. She notices him crying more. Her whole family was impacted by CHarlene's death.
Branham is done with CYnthia Guy. She leaves the stand.
Prosecutor Jennifer Nichols says they do not plan to call Tracy Irvin again. They may call another victim impact witness, but they won't have that person until tomorrow. If so, there will be another jury-out hearing before that person takes the stand.
The judge is ready to proceed with the sentencing hearing. Branham steps out to check on Cynthia Guy.
Nichols tells the judge they need to hold up.
The first witness will only take a minute. The second witness will be the clerk and the clerk is still waiting for all the copies to be made for her testimony. The judge takes a recess.
The courtroom half clears.
2:17 PM - Hawkins returns to the room.
Missy Branham calls Cynthia Guy to the witness stand. There is no mention of re-calling Tracy Irvin.
2:09 PM - In the interim, the judge takes a recess... The courtroom empties.
Tracy Irvin's inability to effectively audibilize is proof of the extreme emotions of this case.
2:05 PM - Convicted murderer James Hawkins returns to the courtroom. He sits and folds his arms across his chest.
The state calls Tracy Irvin to the witness stand.
The jury is not in the room.
Irvin is one of the impact witnesses that the judge must hear from before allowing them to testify in front of the jury.
Tracy Irvin enters the room and takes the witness stand.
Charlene is Tracy's baby sister. Tracy takes a deep sigh when asked about the impact CHarlene's death on her. SHe says it is still impacting her emotions. She is on the verge of tears. She looks like she is trying to suppress the tears. She says it has severely affected her mom and dad.
Missy Branham asks Tracy questions. She does no answer. She cries. She looks like she is searching for words and trying to hold back tears. She stares at HAwkins. Branham asks more questions. She cannot answer. She cries. The judge has her step off the stand and out of the room. Branham follows her... In order to testify in front of hte jury, she is going to have to speak.
1:58 PM - This bench conference is over after more than 13 minutes.
Another lawyer steps in to ask the judge to clear another matter from his docket.
The judge obliges.
1:55 PM - The sentencing hearing has not yet begun. We have not seen Hawkins or the jury this afternoon.
THis bench conference continues...
1:51 PM - This private bench conference lasts several minutes. At least part of the discussion revolves around the experts both sides plan to put on the witness stand.
1:45 PM - Court is in session. The judges meet with the judge at the bench. They all whisper quietly amongst each other.
Neither the jury nor James Hawkins is in the courtroom right now.
Apparently, court is in session in order to get this discussion on the record. However, it is not for public consumption.
1:42 PM - During these arguments, the jury will see some very graphic crime scene photos. If they end up on the overhead, which is highly possible, they may appear on the live stream on wmctv.com. Be forewarned, there could be some graphic images.
The defense team meets with James Hawkins for several minutes. When they come out, Skahan tells the judge they need to have a private conference with him. Then Skahan appraoches the prosecution for a brief discussion. Not sure of the issue...
1:38 PM - I'm told this sentencing hearing will not finish today.
The expectation is that this sentencinghearing will be in session tomorrow, Saturday.
1:27 PM - Back in the courtroom. Not much going on...
The lawyers are here and ready.
Soon, two sides will be fighting for James Hawkins' life.
11:27 AM - Sgt. Tony Mullins returns to the courtroom to congratulate Missy Branham. Branham and Mullins share a hug and tell each other how great of a job they each did.
"I want you on every case I get," Branham tells Mullins.
During sentencing, the state will be able to present some of the terrible, awful, graphic pictures that were not allowed at trial. The state has a little bit more leeway to "shock" the jury in order to present mitigating factors that need to be considered. The state plans to put on 5 witnesses, including Gaither's sisters. The longest witness will be the clerk of court. Through the clerk, the state will introduce Hawkins previous felony convictions... all 17 of them. 17. That is not a typo.
The sentencing hearing will begin at 1:30 pm.
11:15 AM - Over the next 2 hours and 15 minutes, the prosecution will prepare another set of opening arguments, another set of testimony, and another set of closing arguments in an attempt to have James Hawkins sentenced to death. The defense will prepare the same things, only in an attempt to save Hawkins life.
In sentencing, the state will be allowed to introduce Hawkins' previous stint in prison for aggravated robbery. They will be able to introduce other mitigating factors as well.
The defense will have to try to invoke sympathy and perhaps provide reasons. The defense very well may introduce the fact that Hawkins' brother was shot and killed in front of Hawkins.
11:10 AM - The state says they need a few minutes. Two witness impact statements. One representing family. One representing children. Judge says he needs to hear those first. The defense says it needs time to prepare too. The judge wants to make sure both sides are ready to proceed before beginning the sentencing phase.
They will return at 1:30 pm, at which point sentencing will begin.
He faces the possibility of the death penalty. Otherwise it's life in prison.
The judge puts court in recess. The courtroom empties. Louds sobs are audible from the hallway as family and friends are no free to relaease pent up emotions.
11:05 AM - The jury returns to the room, filing in one by one.
Hawkins sits on the edge of his seat, awaiting the moment of truth. His life hinges upon it.
The jury says it has reached a verdict. The jury hands the judge the verdict form.
Count 1 -- guilty as charged.
Count 2 -- guilty as charged
Count 3 -- guilty as charged.
The judge tells them to stop discussing the case during the break. He explains that they will move directly into the sentencing hearing for count 1. This jury will decide the sentence after a mini-trial with testimony and everything. He sends the jury out of the room and tells them that they will be back shortly.
11 AM - Court is back in session.
While we wait for everyone to get back into the room, the judge clears another matter from the docket.
Gaither's family is jammed into the courtroom. There are some folks sitting on the defense "side" of the room. I understand Hawkins' mother has been here for the duration and supports her son.
Hawkins returns tot eh room. The judge asks for the jury.
10:56 AM - That took less than two hours. They had three charges to consider. They have now made a decision. It must be unanimous.
10:53 AM - Verdict!
10:50 AM - The light ison again!
Question? Verdict? Issue?
10:42 AM - For certain now... the light popped on becuase the jury had a small issue. It has been resolved. The jury is deliberating.
10:28 AM - Okay...
It does not appear that the jury has a verdict or a question.
The court goes back into order, but it is for other matters.
None of the attorneys in the Hawkins matter have even returned to the courtroom.
10:20 AM - The three alternates who were released are free to go home. However, they are sitting in the courtroom together speaking to prosecutor Missy Branham. It's a jolly conversation. Not serious. It looks like they were invested in this process and want to see how it turns out. Perhaps it is typical. Perhaps not. I've never seen it before.
10:15 AM - There is no indication on why the light popped on.
Perhaps the jury simply needed a break. As soon as I know something, I'll pass it along...
10:10 AM - The light just popped on!
Question? Or verdict?
10 AM - For now, the docket is clear, but there are other matters to be decided.
For now, court is in recess.
9:58 AM - In the Hawkins matter, the jury continues to deliberate.
When they are ready or need assistance, they will flip a switch in the jury room that controls a light bulb in the courtroom.
Obviously, the jury has options to consider. The state wants a conviction on first degree murder. If the jury convicts as charged they a sentencing hearing will follow. It's like a mini-trial, with opening arguments, testimony, and closing arguments. The prosecution would argue for the death penalty. The defense would argue for life in prison. Of course, that is only IF he is convicted of 1st degree murder. The judge says, if that conviction comes down, he will launch directly into the sentencing phase. He has told both sets of attorneys to be prepared for it and have their witnesses ready. He says they have to get that done. If need be, they would work on Saturday because they must finish before Sunday. They CANNOT work on Sunday. The reason: It violates James Hawkins religious beliefs.
9:48 AM - The judge is working on other matters on the docket. Some matters move quickly, others don't.
One defendant is in court on a drug case. He is not currently locked up at 201 Poplar. He is facing 10 years in prison. He is pleads guilty but asks the judge for probation. THe judge runs through a series of drug cases the guy has racked up. The judge asks the gentleman, who is on the stand, about them. He asks about numerous marijuana possession in his past. In one case, the fella had 6 pounds of weed stashed at his grandma's house. In other case, he had heroin. At one point, the judge does not believe the answers and admonishes the man sharply about not lying on the stand because it is a felony. The judge does not seem to buy the story. He sends the guy off the stand and makes his ruling.
The judge denies probation and sentences the man to 10 years in prison. He fines him $2000. The judge says the guy has not been truthful in his testimony. The judge says the guy will most likely get parole in 3 years. Although drugs cause violence, the judge says, drugs are considered non-violent. A deputy handcuffs the guy to the chair. He will be booked into 201 Poplar before being transported to the department of corrections.
9:14 AM - The judge is finished with the alternates after several minutes. They leave, certificates in hands.
Court is in session. The judge works on the rest of his docket.
Over the past few minutes, other attorneys have stopped to chit-chat wih Gerald Skahan. THey all share stories about length of jury deliberations. Skahan says he once got a "not guilty" verdict in 8 minutes. He also got a guilty in "about 2 minutes." Another attorney know another attorney who once got a verdict in 93 seconds. He wonders how they even had time to pick a foreman in that amount of time.
"I don't think we'll get a very quick today," Skahan says. He sits idle on the front row of the gallery and waits.
9:03 AM - The judge tells the courtroom deputies that court will proceed with its regular docket in about 15 minutes. He asks the alternates to join him back in the hallway, where he converses with them privately.
9:00 AM - The jury returns to the courtroom.
Craft welcomes them and explains that there was one other matter they had to decide first.
First alternate -- #43. Kit Kaneria
2nd alternate -- #21 Mr. Mosby.
3rd alternate -- #50 Mr. Duquette.
The judge explains to the other three how they must fill out the verdict forms.
He thanks them and sends them out of hte room.
"You may now discuss the case amongst yourselves," Craft says.
Court is in recess.
He asks the alternates to hang on just a second. They have to get the jury situated first then they will take them back to the hotel and get them checked out and send them on the way.
"I have a certificate for you, too," the jury says.
Prosecutors walk over to the alternates and thank them very much for their time.
The courtroom mostly clears. Just a few left in the room.
"Are you disappointed you don't get to decide now?" Skahan asks them.
The answers are mixed. Some are very pleased not to have to decide. Others says they would not have minded.
Deliberations are in the works.
The wait begins...
8:55 AM - Court is in session.
James Hawkins returns to the courtroom, wearing a light blue button down dress shirt and a pair of dark slacks.
The judge asks for the jury.
The judge says he had a conversation with both sides about a particular jury. There was not a unanimous feeling. He says he wants it all on the record.
8:50 AM - "Mr. Skahan, we're waiting on you guys," Judge Chris Craft says.
"Oh, we're ready judge," Skahan answers.
Craft asks all the lawyers to meet him back in the hallway for another private meeting.
Court is not in session and we have yet to see the jury today.
8:45 AM - Gerald Skahan and Kendall Nance meet with James Hawkins in a holding cell situated on the side of the courtroom. They return after only a few minutes.
8:40 AM - The private meeting between attorneys and judge is over. It happened outside hte courtroom, either in the judge's chambers or the hallway right outside. As the attorneys filter into the courtroom, there is no indication what it was about.
8:34 AM - The judge just called both teams of attorneys back into his chambers. Not sure of the issue, but they all need to speak privately.
8:28 AM - I am inside the courtroom. There are only 4 other people in here right now, 2 defense attorneys, a prosecutor and another blogger.
Obviously court is not in session and trial has yet to begin.
When it does start, the judge will dismiss three alternates, picked by pulling numbers out of a hopper. Then he will send the remaining 12 back to deliberate.
8:15am - Action News 5's Nick Kenney will be blogging all the proceedings from inside the courtroom today.
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James Hawkins
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