Day 1
24 October 88
State starts first by reading the indictment and making their opening statements.  The Judge swears in the jury and reminds them of their behaviour.  The plea was "not guilty" to all counts.  Solis saying how the case began as a missing persons report.  The investigation soon turned into a murder investigation.  Clayton seen driving the car.  Car wrecked and found by family investigator.  Location of the body.  Around the lake area in a severe state of decomposition.  On September 29th 1987 the bullet casing and wires were found at the scene of the body.  The Bullet went through the face and neck making 3 wounds.  There was a bullet recovered from the body.  Makes it, the case, circumstantial at best.  Solis brings on first witness Cummings - first witness for the State.  Spanish teacher at Hawley.  Been there since Augsut 1, 1987 until present. She got married.  Used to be Pam Rotan.  Always had lunch with Laurie Barrett.  Considered to be close friends.  She saw Laurie Barrett 3 times a week.  Spoke of Laurie Barrett's other job at the mall.  She saw Laurie Barrett at 6 pm on Thursday.  Plans were made for the weekend.  Left mall at 6:30 pm.  Says she was usually home by 9:30 pm.  Called Laurie Barrett several times after 9:30 pm.  No Answer.  Kept calling until well after midnight then most of the morning.  She went to school. OBJECTIONTold the school superintendant of her worries then went to class.  Has been to Laurie Barrett's house and is aware of the set up.   Said she was also aware of the  procedure in which Laurie Barrett locked up the house.  Has only been to the house once.  The State asks her to identify certain items.  #6 shoes - yes  # Belt - yes.  #2 and #33 Earings - yes.  #30 A&M Class ring - Don't remember.  #1 Necklace -   yes.  #32 Rope Bracelet - yes.  #48 Blanket - it looks similar but she isn't sure.  Has never  met the parents, but made plans to meet.  Finally met and took part in the search for Laurie Barrett.  Looked on her own and helped answer the phones. - PASS THE WITNESS - Bobby Clark on the cross.  Established Laurie Barrett's residence.  She and Laurie Barrett were friendse she came to Hawley.  Remembers the disappearance.  Laurie Barrett spent the night 4 times at her house.  Plans reaffirmed.  Made plans to talk about their plans.  Wether or not to use one or both cars to go to work on the next day.  No concrete plans were actually established.  Any other friends.  Never went places with, but met there.   She was coming home from the market when Laurie Barrett got off of work.  Her husband was a single teacher at Hawley.  Never saw Laurie Barrett with a man.  There was a back door, but never has used it.  She gave descriptio       n of house.  Types of sheets: striped sheets and pillow cases.  Bed spreads : solid white or whateve ?  Can't remember.  The State's blanket she now says is similar, but can't say definately its the same one she has viewed in Laurie Barrett's house.  Isn't aware of any of Laurie Barrett's family being in town before her disappearance.  She was always concerned about why Laurie Barrett had or needed two jobs.
Cecil Davis - Second witness for the state.  Superintendant of Hawley schools.  Verified the two teachers working there.  Laurie Barrett was a substitute teacher. Verified Mrs Cummings story of worry for Laurie Barrett.  Laurie Barrett came to work on Thursday and did not on Friday.   OBJECTION to why he became worried.  Mrs Cummings story OVERRULED He claims to have never known Laurie Barnnett to be late or miss a day.  He called Kelley White to ask of Laurie Barrett's whereabouts. Kelly White said Laurie Barrett should be there.  He went to Laurie Barrett's house.  Knocked on door.  Opened the screen door.  Was it raining ?  Yes.  Checked with neihbors then went to the Police.  Officer Castner took down information.  Bernie Castner.  Noone at Laurie Barrett's home.  Tried door knob.  Verified Laurie Barrett's being punctual.  Asked neihbor directly across street.  Negative.  WITNESS EXCUSED DUE TO IRRELEVANCE.
Kelly White  - Third witness for State.  Younger sister of Laurie Barrett.  Born 10-28-59.  She's been here for 71/2 years and teaches at Clyde High School.  Very close to Laurie Barrett.  Laurie Barrett graduated from A & M in 1982 then stayed in town to teach elementary school.  Laurie Barrett as doing subwork for Hawlwy, but finally became permanent.  Laurie Barrett worked at Dillard's in the accesssory section.  Describes house and location in great detail.  On the 17th she didn't see Laurie Barrett, but talked on phone.  8:15 am received call from Cecil Davis. REPEATED WHAT HE SAID CUMMINGS SAID, THE PLAN ISSUE.  She claims to have spoken to her, Laurie Barrett, on Thursday night.  She called her husband.  She tried to call Laurie Barrett.  No answer.  Made plans to meet husband at home.  Felt there was something strange about Laurie Barrett being missing.  Called Dillards, she called what friends she knew Laurie Barrett to have.  She and husband looked around the house's exterior.  Questioned neihbors.  Gave general description of Laurie Barrett and car.  Ed Womack was at house with key.  Talked to Bernie Castner of the APD.  They all met at the house.  The chain was on the door.  She said that was strange.  Never knew of Laurie Barrett to come in through the back door.  The chain and what it indicated.  Police came to look at house.  Castner and husband and her look through house.  Laurie Barrett was not in the house.  30 minutes later she went to the mall.  Drove the routes that Laurie Barrett might have taken.  Went back home and called Dad.  Waited for Dad to come.  Somehow knew what Laurie Barrett was wearing.  They went back to house.  Looked for skirt, blouse, and shoes.  Given this information by co worker Anita Lundell.  Dad - Mom - Husband - her found shoes in the closet along with earing.  The bed was made up.  Took earing to Dillard's and it was identified.  The shoes weren't, but she had seen them before.  The place looked like Laurie Barrett wasn't going anywhere.  Make-up still in the same place.  A broken tile in the bathroom sink along with some grass.  Bathroom window should have been locked but wasn't.  The house was orderly.  Only removed the earings and shoes.  Officers came and took curling iron, earing, and shoes.  They also took photos and fingerprints.  SHOWN ITEMS.  - She participated in the search.  Brother and father found car.  Car had scratch on it.  Police went through the car.  She knows the guy who found the body.  His name is Lynn Hall.  Body found on Tuesday but identified on wensday.  Lynn Hall laid off.  Went out on his own and found body.  SHOWN PICTURES #63-72 The house with door open.  States exhibit excepted.  State shows jury the pictures.  The witness explains the positioning of the pictures - PASS THE WITNESS
Bobby Clark questioning.  She never met him before today.  She never saw Laurie Barrett on the 17th 1987.  Laurie Barrett did sub at Clyde approximately 10 times.  She teaches Home Ec. for high school.  Has worked with Laurie Barrett on several ocasions.  Never worked anywhere else with Laurie Barrett.  On September 17 1987 she called Laurie Barrett.  No plans were made.  Went to the house 3 times on that day accompanied by the rest of her family and the pokice 2 times.  Officer Bloom mentioned.  Her husband had the key to the house after that day.  The police left it in their care.  The officers were milling around the house.  Looked in the bathrooms and closets.  No one returned to the house until she returned with family.  The family had access to the house.  Search again for fathers benefit.  Family found earing not police.  Found all items outside the presence of the police.   Tile issue: Old House. Grass clippings in sink ?  She doesn't know how they got there. Officers present: Mike Phipps & John McCoy & Bernie Castner & David ?  Family had comple control over the house the whole time. Says no video tape was taken.  Nothing out of place but an empty bag of "Fritos". No blood. Doesn't know what Laurie Barrett was wearing. Wasn't present when the body or car was found.  Could a person park in the back ? No. Only in the alley.  Garage was partially walled up.  Two gates in the back yard. One in the alley.  One facing Avenue D.
Gave earing to the police on the 3rd visit to the house.  Shoes in the floor of the closet.
Husband had key and gave to police and Bill Hurley.  He had keys.  Curling Iron used as exhibit.  Police took it on Sept. 18, 1987.  She says she only found it with the cut end only.  Has spoken to George Solis on may occasions.  The same goes for James Ridson.  She refused to talk to Pat Wilkins.
Anita Lundell - Fourth witness for the state.  Used to work for Dillards.
Now works at a bible school.  Was working the night of the 17, 1987.
Knew what Laurie Barrett was wearing.  Left work at 9:15pm. Stretch dark pink elastic belt.
Spoke to kelly after 6 on Friday.  Kelley then came to the store.  Bought the items such as the earing and shoes.  Unsure about some things PASS THE WITNESS Bobby Clark questioning.  She knew Meechi.  Meechi worked in cosmetics. Is aware that Meechi was planning her wedding.
Doesn't know if Meechi was working that night.
Different department.  both departments are close to each other.  Marion Myers - Fifth witness for the state.  She was working on the night of the 17th, 1987.  She knew Laurie Barrett. She parked by Embassy Suites.  She and Laurie Barrett walked together to their cars.  Saw Laurie Barrett in car alone. Says Laurie Barrett said she was going home and may get something to eat.  Talked about social events.  Doesn't remember what Laurie Barrett had on.  Not sure about te belt. Doesn't remember a ring.
PASS THE WITNESS  Bobby Clark questioning. She says the night was a slow one.  Never knew Meechi. She saw Laurie Barrett get into her car. Has only seen the defendant, James Clayton, on T.V.
Debbie Barrett Sixth witness for the state.  Family of Kelly White, step mother for 9 years, Laurie Barrett her step daughter .   On the 18th she was in Belton then she got a call to come and see about Laurie Barnett. Father works for Moble Co.  She came to Abilene Upon her arrival she met with one A.P.D. Went to Laurie barrett's house. Never been there before. She was observing everyone looking around.  She saw the window open - curling iron with cut cord - and the broken tile. The sink is below the window. There was grass in the sink.  She identified the curling iron. said earing was found on the floor. Outfit described is one she remembers seeing. Identifies house, #74 picture of curling iron on counter. #76 picture of sink and window with shade. She went to Dillards with Kelly. Who did she tell about the tile ?   No answer.  The bed was unmade.  She looked for the body.  Was in Abilene for 13 days.
Left when body was found.  Spent everday looking for Laurie Barrett.  Hired a private investigator.#77 picture of Laurie Barrett, Kelly and their great grandmother.  Why was she at apartment when Clayton was arrested on 10-22-87 ?  She wanted to trash the dumpster behind Clayton's house with step-father.
Unsure of the time. She looked in the dumpster with Bill Hurley and Joe Ensle and Dickey.  The licence plate was identified. She found that.Sgt.Dickey removed the plate.  Looked through again and found belt and half eaten hamburger.  Claims belt matched blouse.  Joe had a bag.  She yelled  for an officer. Put belt in pocket for evidence. Don't know who she gave the belt to.  #78 Picture of Laurie Barrett. There was garbage with Clayton's name on it.  There was Avon Products.  Has only been to Abilene a few times to see the children. #73 The blouse OBJECTION  The blouse is not the real blouse in question
OVERRULED  To be used as an example only. PASS THE WITNESS  Bobby Clark questioning.
The first time she went to Laurie Barrett's house no police was present.  She has never been to that house before. The Tile issue: She was present when the pictures was taken of the bathroom.  During her second visit to the house is when they were taken.  Don't know if anything was moved.  Says she knew Laurie Barrett met with foul play. Was not always present when step-daughter and husband were looking around.  Says she doesn't remember any papers or letters around the bed or the area.  Didn't see anyone touch a clothers basket.  didn't see anyone put anything on the bed.  Video tape of house ?
Remebers camera's but not video-type cameras. Doesn't remember who took pictures.  Possibly Lee Reid.  Saw Kelly pick up the earring.  Didn't see Kelly give away the earring.  Thinks she did.  Never saw the police with earring.  Shown pictures of earring.  Was at Clayton apartment.  Was on her way back to Laurie Barrett's house when she spotted all the cars.  Trash things: belt - license plate - small amount of trash.  She dumped over the dumpster.  Went through the trash - found some kind of material.  Dickey had a bag of something when he left.  Doesn't know what.  Claims that she personally did not give any of the items found in the dumpster.  Her husband sought psychic help : the psychic said the body would be found on the 5th.  A woman from Austin.  Information came in letter with no return address. Claims Clayton could have helped through the media.  Unsure if all information from Clayton was obtained.  Talked to Peggy Carpenter about psychic.  Claims not to have given any information to the Abilene Reporter News.

Bernie Castner - Seventh witness for the state.  Police officer for 10 yrs.  Works in Missing person Division on 10 - 18 - 87 he was on duty.  Call from Cecil Davis received another call from Kelly White.  Goes to same church.  Had an interview with both Whites for 1/2 hour.  Told family to check and see if Laurie Barrett had come home.  Was told there was a chain lock on the door.  He went to the house.  He came in through a back door.  Cleared house.  Unlocked front door.  Helped in the search.
Requested backup. Cadweld responded. Found and checked the mail.  Checked the bathtub to see if it was moist.  Also the toothbrush. Saw a curling iron on the top of the cabinet.  Small amount of cord left on it.  Shown and identified curling iron.  Saw tubes of golden liquid ?  Noticed window not completely closed.  Judd White was in the same area.  Picture shown - door he and Judd White entered into the house by.  He removed the piece of paper from the bedroom.  Had  phone #'s on it.  Did not know whose #s they belonged to.  Went through all the rooms in the house.  #91 & 92 pictures ofthe curling iron on the counter.  Shown pictures of the interiors and exteriors of the house.  He said yes to what he saw.  Pictures as evidence ?  Defense allowed to look at them. He wasn't present when the photos were taken nor does he know who took them.  Can only use photos as example of house layout.  Claimed he didn't have control over the house.  Was in the house for fifteen minutes, then Judd White looked up, began looking for Laurie Barretts car.  Looked in the fair area, saw Bill Hurley.  Family called and said they had evidence to submit to the police.  #42-43-44  Are key found by Bill Hurley.  Castner didn't see the keys on the ground. Keys given to him. He gave to Roger Berry.  He isn't aware of where the keys go to.  PASS THE WITNESS  Bobby Clark questioning. States how he has read the officers supplemental report.  Used to be the Chief of Police for A.C.U.  When he called Cadweld as backup they both rechecked the house.  After the last time he never went in again.  Came to the house to pick up keys from Bill Hurley. Report says : it appears as if Laurie Barrett had not been there the night before.  When family was there there was no "hands off" policy.  Just milling about and looking is all he saw.  There was further investigation.  Did more than he reported to Mr Watson.  Followed leads.  Never took up the lead about suspicious cars in the neighbourhood.  Checked on last person to have gone out with Laurie Barrett.  Never sure of the man because he was unable to obtain wherabouts.  Keys found.  Met Hurley in the backyard. Did not know where the keys went to.  Unsure of the length of time they were in the backyard.   Checked on someone named Jeff Scott from Boles Home.  Bed was made.  Unsure about things on the bed. Unsure about things around the bed.   Saw curling iron, but never touched it.  Never noted in his report as well.   Bill Hurley - 8th witness for state.  Private investigator. Real name is William Hurley. Retired from Army. Has been a "P.I." for 10yrs. Was contacted on the 19th, 1987.
At his homein Temple.  Highered to locate Laurie Barrett. Came to Abeleine and went to Kelly's house and asked question s about Laurie Barrets habits. Went to the house with family.  Made initial search of the house.   First time he picked up Coke cans from kitchen area.  Received permission from police to enter the house.  Found keys that went to the schoolhouse in Holley.  Took curling iron from under the sink along with some wrappers and cans.  Went throuhg the backyard.  Pry marks on living room screens.  Footprints beneath window brought to his attention.  Laurie Barrett's mom was present when he found curling iron. Returned on Monday.  Went to check again.  One of the parents found the two keys.  He only saw them on the ground.  He took them into his possession.  #43 - key found by Joe Ensil suggest someone returned to the scene and got rid of the two keys.  He went to where the car was found.  He investigated the accident crime scene of the wreck.  Found Taylors truck on the 23rd.  He took Taylor to the police and turned it over to them.  Searched Taylors apartment with roomates permisson.  Went to Claytons apartment.  Never saw Clayton.  Stood around and then looked in the dumpster.  Found plate and dealership tag.   Police officers picked up the items.  #12 Plate.  Paper with Claytons name on it.  Never handled the belt but saw it found.  Clayton came back to the house.  Claims he saw him in jail.  Didn't feel it would be productive to talk in jail.  PASS THE WITNESS
Bobby Clark questioning.  Discusses Hurley's role in the case.  He made no written reports.  Key issue: unsure about how long the keys were in the backyard. Did not search the whole backyard.  Entered the house with the help of the family.  Don't know who exactly it was that opened the door.  he noticed pry marks on the windows.  Told evidence by family.  Did not see any other marks on any other window.   Told police of the footprint.  Papers taken from the dumpster are unable to be found.  Does not recall any other plates in the dumpster.  Said he doesn'tr know Jackie Bailey even though she spent the day with him.  She and he searched the car.  Found human hairs.  One on Jack.  One on the lid of the trunk.  Took hair to police.  Doesn't remember telling Jackie Bailey anything.  Says, he never showed her the keys, never saw the states exhibit of the curling iron.

Jim Taylor - Ninth witness for the state.  Real name James Kennedy Taylor.  Sr. at A.C.U. saw a car slide into the turning island. The car slid out of control onto the island.  He offered to help and did.  Put the car in Smith Adams parking lot #111+109+107+108+110 All Photo's of the island - #112 photo of road to Smith Adams dorm #98+99+100+101+102+103+104+105+6 photo's of the car. Verifies that I wanted to call wrecker service. - Saw Clayton at the fair with Darlene Miller.. Did not get a response as to wheter or not the car had been taken care of.     Knows Clayton through ROTC for past 2 yrs.
Clayton very active in organization.  He saw whole accident.  Principally he got out because it was Clayton driving.  No engine damage.  He pulled while Clayton steered. Clayton was upset the car was wrecked. Did not seem intoxicated.   Clayton decided to call wrecker and still quite upset about the car Clayton left.  WITNESS CROSS EXAMINED AND RESULT IS SAME AS INITIAL QUESTIONING.

Roger P. Dickey - Tenth witness for state.  Was aware of the missing person case, but did not become a part of the case until the 22nd and 1987.  Car found he came on the scene.  #112 photo of road to dormitory admitted as evidence.  Berry was the one who processed the car.  Becker took photos of the car, Becker and Heslett videotaped Laurie Barrett's home.  Only noticed prime marks on the window.  Was only think out of ordinary.  #87 photo of bathroom window.  #84 window photo.  #66 same as #87.  He found a window screen with bent hooks.  Also found a screwdriver on the ledge of the house.  #90 the screwdriver.  He did not take into evidence the screwdriver.  He was made aware of Taylors knowledge.  Trying to locate James Clayton through Ms Powell.  Came into contact with Clayton on the 23rd 1987.  Said dumpster was turned over and there was a plate and frame and military papers in it.  All was turned over to Roger Berry.  Based on the fact that Clayton said he drove the car he placed Clayton under arrest.  They got a search warrant and it was executed on the 24th.   PASS THE WITNESS
Bobby Clark is questioning.  Has testified over 100 times.  He keeps on trying to answer an objectioned to question.  Pry marks on the window.  None on the bathroom window.  No test to show time of marks.  Don't remember if window was locked or unlocked.  Becker, Heslett, and Dickey at Laurie Barrett's house on 22nd.  Family bought them the key.  First time there.  Hatcher and Berry performed trace evidence test on later date.  On the 23rd searched creek beds and then came to Claytons house.  The papers taken from Claytons house was thrown away.  Doesn't know where the 3 bags are which was just trash.  Yes the dumpster is a public service and no Clayton is not the only one with access to it.  Verified that he personally didn't pick up or find anything.  The area was cleaned up.  Heslett and Watkins left and ordered not to let anyone near the house.  There was some uniformed officers there for crowd control..State in charge of the case.  His involvement ended as far as hands on goes.  Claims there wasn't another plate in the dumpster.  He saw no other plates. And he recalls black notebook with Claytons list of prospective apartments.  Defense exhibit #1.

David Watkins -  Eleventh witness for state.  5 years as a detective.  On the 23rd he was called as a backup for Roger Dickey.  His assignment was to secure the house while Clayton was gone.  Was present when family pulled out white sack with pink belt outside. He took possession of the belt.  Says no one entered house until warrant came.  Both step and real mother was there and both handed over the belt.  Did not see any of the family members at the Defendants house.  Heslett may have seen the people arrive on the scene.  The belt was all he collected.  He was present, but the search wasn't thorough.

Day 3 -  26 October 88

Drusilla Howell -  Twelfth witness for State.  OBJECTION  to contents of her testimony.  OVERRULED
Judge says it will show motive.  She works for refreshment vending.  Part time student at ACU. first time there was 1985.  Claims Clayton made statements about killing being the only way to vent anger.  Says Clayton wanted to see Darleen Miller.  left note on her door.  Claims Clayton said he wanted to kill Darleen and family.  She and Clayton talked alot of life in general.  She says she gave Clayton advice about Darleen. Claims Clayton said he wanted to shoot someone in a field.  Claims Clayton also said she was my friend and I would kill for her.  She went to Smith Adam's dorm on 10-16-87.  Clayton was at DJ mixes room.  Claims Clayton was going with DJ to some guys job and talk to him.  Did not see Clayton on the 17th.  Did not see on 18th.  Was at her apartment on the 19th.  Did not see Clayton from 21st to 23rd. PASS THE WITNESS  Bobby Clark questioning.  She has never seen Clark before.  Gave her statement to Pat Wilkins.  Does remember the group "Odyssey," Not aware if the chapter was a legal fraternity.  Remembers DJ mix.  Not aware of afternoon basketball games. She went to the police and made a statement. Became the states agent. She verified how she was wired to recored visits between her and clayton at the jail.  She gave them police the tape.  Says the 15th was first time Clayton opened up.   She wanted to help with the problem of Darleen.  She and Clayton went to Darleens house. Saw nothing wrong with him checking house in broad daylight.  She and Clayton did some laundry one time at 3:30 am. Roommate name Laurie Campbell.   Clayton was friend of both.  Was asked if she believe defendant.  No answer. Shows all letters I wrote to her.  Has never talked to
Leidson ? (sic) But has spoke to GEORGE and MIKE several times.  Clark makes comment on familiarity of her and the prosecuting attorneys.  End testimony may be called back.

David  Girdley -   : Thirteenth witness for the state.  Met Clayton in spring of '85.   He's known to present day.  On 10-17-87 He saw Clayton driving a car.  He had a friend named Carol Culpepper in the car.  He stopped and talked for 5 minutes.  Did not pay attention to the make of the car.  Claims he knew it belonged to some female.  Says Clayton made some racial statement to that effect.   Clayton and he did hang out together.  Couldn't see anyone in the car.  It was about 11:00pm.  On the 18th he saw accident.  Saw Clayton and Taylor talking.   Gets look at photo's of area.   He identified car.
Claims Clayton told him he borrowed the car from a " Laurie ".   Has seen rifle before. Brand ?
Don't know. PASS THE WITNESS  Kenneth Leggett questioning.   Clayton and he were on good terms.
Denied having had anything to drink.  Claims he was out with girl looking for Ag teachers house.  Doesn't remember any vehicle on the street. Doesn't remember giving Clayton a beer. Says Clayton got out of car.  Clayton borrowing or having someone's car wasn't unusual to David.  Does know Clayton to play basketball in the afternoon.  Clayton wasn't upset or nervous.  Police not called at accident scene.  Wasn't needed so he left.

Daniel McElroy - Fourteenth witness for the state.  On 10-17-87 he saw Clayton while on his way home from the library.  Alleges a conversation about going to Boles Home for the weekend and how Clayton volunteered to take him.  Clayton looked normal to him.  Alleges Clayton says he got the car from some girls mother and would have it for the weekend.  PASS THE WITNESS  Bobby Clark questioning.  Recalls time he spoke to investigator at the Deans office.  Was questioned as a possible suspect.  Clayton never used drugs around him.  Played basketball at times.  1 or 2 times a week.  Gave statement one month after that night.  Was involved in the Odyssey group with Clayton.  Claims no one in car with Clayton.  Claims Clayton had "high"  look on his face.  NOTE : Daniel was weak and nervous, hard to understand what he's saying.  Had a hard time communicating.

Margie Miller - Fifteenth witness for the state.  Darleen's mother.  Peurto Rican.  Met Clayton through daughter.  Knew for 4 to 6 months before arrest.  The arrest was on her husbands birthday.  Clayton came to house on the 18th to speak to Darleen. The conversation between the two was loud.  Thats what woke her up.   She explained situation to Clayton.  Clayton left.  There was a time when she had to escort her daughter over to Claytons house to retrieve her keys.  Clayton was always pleasant to their family.  Never had problems with him.  Darleen went back to Clayton.  She remembers a little blue car out front the morning he spoke to Darleen.

Mr. Mike Phipps -   Got call to find body.  From his Sergeant Spohn.  Loaded up the stuff to retrieve the body.  Hall was on the scene.  Body located on 1082 five miles out.  Hall - Spohn - Phipps on the scene.  Called the Jones county police and then took pictures.  Photos entered in as evidence #126-143.  They are accepted.  They are photos of the scene where the body was found.  #137 Rejected.  #132  Rejected.  #139+124+136+138+127+129+131+130+133+141+142+140+143+126 admitted.  For the RECORD objection to 135+134+141+142.  He looks at photos and agrees that that is the scene.  They are the photos he took in Jones County.  He explains what each photo is.  Basically the same photo taken from different angles.  Photos of shell casing on top of the caliche pile.  Distance from shell to body = 8 feet.  He found the casing but didn't remove it.  They dug up the tied legs of the body.  Cord looked like telephone cord.  It looked grey.  He never touched the body.  10-29-87 the body was found at 1300 hours.  Body taken to forensic labs by Jones County officials.  PASS THE WITNESS  Bobby Clark questioning.  Establishes fact that the body was outside of Taylor County.  5 miles out.  Didn't notice any other cords except the grey telephone like cord.   #143 looking East.  House 1/2 mile south of the scene.  Cemetary 1/2 mile north of where body was found.

Sid Merchant - Seventeenth witness for State.  Works part time security.  Used to be a Texas Ranger in 87.  Was called to the body scene.  APD was there when he arrived.   Body wrapped in blanket and other materials.  He was shown the pictures of the area.  He found and recovered the Remington - Peters brand .243 cartridge case.  Gave to Jones County officials.  #126 photo of caliche with casing on the top.   PASS THE WITNESS  Bobby Clark questioning. Establishes that the scene of the body is 1/2 mile outside of the Taylor County limits.  Picked up casing with his hands.

Mike Middleton -  Eighteenth witness for State.  He is the Sherriff of Jones County.  On 10-29-87 he was called to scene of body.  1082 Southern end.  Went with Sid Merchant.  Examined the body.  Shown picture again.   APD on scene with deputies.  Body removed by Stafford Funeral Home who also moved it to  Dallas.  He directed and helped load the body.  Sid Merchant gave him shell casing.  #18 shell casing he got from Sid Merchant.  243 calibre.  He put it in an envelope, then the trunk and brought it to Hatcher in Abilene.  The casing was always in his possession.  PASS THE WITNESS  Bobby Clark questioning. What is distinctive about shell case ?  Nothing.  He had to assume that that is the same casing because he never marked the original.  His department never took any fingerprints.  By the time the body was removed his deputies still had not touched a thing.

Johnny Snow-Nineteenth witness for the state.  Officer who videotaped the scene where the body was found.  Is detective for APD.  Was called to the scene at 12:45.  Met others there.  Body was 10-15 feet from the road.  #144 tape of the crime scene.  FM 1082.  Its the same tape he used that day.  OBJECTION Tape is inflammatory and repetitive of the photos.  OVERRULED  Looks liker weeds were torn up and thrown on top of the body.  The tape was shown.  Body shown with plastic bag over the head.  Tape shows casing on top of pile.   NO QUESTIONS

Barbara Holt Twentieth witness for the state.  Forensic specialist for the APD.   FIngerprint expert for 6 1/2 yrs.  Called to Laurie Barretts house on the 18th to lift fingerprints for a missing persons case.  Taken there by officer Reid.  She walked through the description for latent prints.  Did take prints from the house.  She started in the bathroom by request of Officer Reid.  Doesn't remember if the window was open. Printed all areas in the bathroom.  Any prints of value ?  The underside of window had print.  The fresher the print the earlier the print was put there.  Says the print was fresh.  Could be days.  Print could be used but unsure.  There wasn't enough points to identify.  Looks like person came through window.  Did she print other places ?  Printed bag of chips to no value.  Shown picture of the loose tile.  Her opinion that someone entered through the window.  There were no prints to compare before Claytons arrest.  When compared prints to Clayton she concluded that no prints belonging to Clayton was in the house.  The prints on the bag seemed to belong to a woman.  Not odd to find no prints at a burglary scene.  Did she check the family ?  Was never furnished with any for comparison.  Explained the absence of fingerprints : gloves maybe.  She processed the car.  No prints on the car of any value.  She processed the license plate.   Found prints that belonged to Clayton.  Identified a middle finger of right hand and left thumb.  Explains how fingerprinting is exact science.  Was asked by Berry to process house again.  Trash items found and processed.  There were several of value and none of them belonged to the defendant James Clayton. PASS THE WITNESS  Bobby Clark questioning.  Use her testimony as Defense Exhibit #5.  Move to strike her testimony because its violation of the discovery order.  Judge says no.  Upheld testimony.  There were no prints taken from Laurie Barretts house that matched Clayton's.  She took 80 total prints.  Checked things that were out of the ordinary.  Door facing etc, noted the houses neatness.  She was pointed to a spare bedroom.  Did doors and shelves.  Outside of house window facings.  Did many comparisons, but never made an ID except the plate.  Twice in the house.   Kitchen processed.  Also hallway.  Did not identify any prints from anywhere in house.  10-7-87 Hatcher bought trash to her for processing.  Unaware of its origin.   She found no latents on any of the items.  She was at 5421/2 EN 1bth but was not asked to process the house.  Doesn't know whose prints are in the house.  Was never bought a rifle for processing.  Was never bought a shell casing or screwdriver for processing.  Never processed any window or screen.  Is possible someone else may have.  She never processedany glasses, wine bottles or wiskey bottles apart from Laurie Barrett's residence.  Never obtained family member prints for a comparison.

Day 4 - 27 October 88

Lynn Hall - Twenty second witness for the State.  Lives at 1133 Piedmont.  Knows the White family.  Took part in the search.  Day one was Friday before he found the body on the 29th.  Albany highway area.  There around 11:30 AM.  Was by himself.  Was just sort of driving around heading north.  Saw gravel pile.  Said to himself, "That would be a real neat place for a body."  Used stick to poke body.
Used a stick to pull bag off head.  A man drove by and he and the man agreed it was a body.  The mans name was Jim something.  He and Jim waited on the other side of the road.  Some others were on the scene before police arrived.   Says he saw no one place anything or touch anything there.  PASS THE WITNESS  Bobby Clark questioning.  Doesn't know where this Jim lives.  Jim left before he did.  He waited for the Sherriff of Jones County.  # of people there = 10 to 15.  Combination of media, police, and thrill seekers.  He always stayed on the west side of the road.

Dr. Samuel W. Teas - Twenty third witness for state. Dentist for 21 yrs.  Betton Texas where his business is.  Was Laurie Barrett's dentist and identified her teeth on the body.  First saw Laurie Barrett on the 18th of May 1981.  Laurie Barrett has been there four times.  He knows the family.  Identifies picture of Laurie Barrett.  Can use a persons teeth for correct ID.  #145 x-rays taken in 1981.  Definite about teeth.  PASS THE WITNESS No questions.
 

Dr. James Weiner - Twenty- fourth witness for State.  #146-163 photos of the body and slides.  OBJECTION to #146-163.  No probative value and serves to inflame the jury.   OVERRULED He now practices medecine for the State of Mass.  He did autopsy on the body.  He identified body of Laurie Barrett.   OBJECTION AGAIN to 163 +162+161+159.  Photos of the body before the autopsy.  Case history that doesn't allow these sort of photos to be shown to the jury.  OVERRULED Allowed as evidence.  20 slides to show.  This is a forensic pathologist.=Doctor of forensic engineer studying death diagnoses.  His job to do autopsy and police report.  The exterior is formality to determine extent of any fractures.  The interior is necessary to find out if organs damaged and to take bullets, if any, from body.  The entire process is photographed by employees.  All is recorded orally and typed.  Did report at 9:00 AM.  On the 29th he got a the body.  On 30th he started autopsy.  He identified body as Laurie Barrett.  Used the ring and teeth xrays to ID.  Contents of white body bag : white bag + stones + dirt + grass+ tan knit blanket + maggots + grey electrical cord tied around body + portion of black cord + piece of white cloth in mouth + head was off the body + two blue socks around mouth + second piece of white cloth tied around neck + fine metal chain around neck + earring in ear.  Body unwrapped - trace made for evidence.  No clothes on body.  Face down.  More cords on the body.  Black cord.  Now its a dark coloured telephone cord.  Tied around ankles and arms.  White cord securely tied arms.  Body in severe state of decomposition.  Mummified state.  Skin brown and disintegrating.  No scalp.  It fell off.  No bullet holes in blanket.  High velocity type wounds to head, neck and shoulders.  Appear wound was the entrance came from the forehead.  #1 photo of bullet path.  Shattered face and passed to the brain.  #2 neck wound severed the neck.  Head taken off the body.  #3 shoulder wound.  Small calibre bullet removed from the muscle left on the body.  Bullet in jacket taken for examination.  The path of bullet.  He thought it was from shoulder to hand.  Wound to head or neck could have been the same as the one to the shoulder.  At least two high velocity bullet wounds.  Cause of death :  rifle wounds.  Hits : head, neck, and shoulders.  No internal organs.  Autopsy incomplete.  Large amount of decomposing elements in the body.  Doesn't know where the bullet exited.  Not sure of the entrance wound on the neck.  Opinion : bullet traveled in a side to side route.  Xray showed to be as he thought.  The wound was through and through.  Entry wound in around shoulder.  Bullet located still in the shoulder region.  Unsure if there was a third shot.  Gave to Bob Adkins for testing.  Rape kit ID.  Evidence lost due to severe decomposition.  OBJECTION Going outside the motion to limit.  And Weiners testimony.  OVERRULED - MOTION FOR MISTRIAL DENIED. - Continue testimony of the pathologist.  Any minor injuries could not be established.  Time of death : around 17 of September 1987.  Based on the information supplied by police of disappearance he says maybe 2 weeks.  He removed all the cords from the body.  #48 the blanket.  #49 Dark colored cords.  The cords did change colors.  #51 white extension cord.  #52 portion of black electrical wire.  Had no real function.  #53 + 54 two socks.  Colors changed.  #55 + 56 cloth from mouth and one tied around the head.  Both were identical pieces.  All items removed from the body by him.  He handed them over to the Abilene police.  He identified the class ring and necklace.  Also the earring and design.  In the right earlobe.  #34 small calibre bullet.  He marked bullet "2961 W" small calibre bullet with deformed jacket.  The jacket is used in the ballistics test.  Only high calibre bullets seperate on impact.  # 146-163 photos of the body during the autopsy and before the autopsy.  Xrays of the body.  Areas of the wound area.  Showing path of bullet.  Slide shown as well.  Said the cord is dark brown.  Jaw area without skin.  Skeletised.  Cloth found in mouth.  Lead fragments in the neck area.  Wounds.  Head wound fatal.  Mass destruction neck wound fatal.  Damaged done to spine, airways, and muscles in the neck.  Neck wound would paralyze.  There was alcohol in body.  If she had been drinking at the time of her death there would have been more alcohol present.  He says the alcohol doesn't evaporate it multiplies.  #164 photocopy of autopsy report.  Shows another photo of location of body.  PASS THE WITNESS Bobby Clark questioning.  No controversy about the death or identification of body.  Defense exhibit #6 Cause of death report.  Entered as evidence.  Place of death = 3 miles north of Abilene.  One doesn't have to be a dentist to make ID using dental charts.  Range of fire : undetermined due to lack of gunpowder residence.  All sorts of reasons for absence.  Can not tell.  The more advanced the decomposition.  The less you can tell.  More problems.  Has to use what he has.  Don't know position of body.  Only can say the side was facing barrel.  Was aware of disappearance.  The determination of death is not exact science.  Don't know exactly what colour the cord is.  His opinion that body fluids turned cords different color.  Never was white color.  #135 photo of the body in location.  Can't see socks in the photo.  Head area only.  Cloth in mouth could have aided in death.  Hemorages would have been present if death was by suffocation.  Advance stages of decomposition makes it hard to show signs of strangulation.  There were ligatures on the body.  The cloth in the mouth could have contributed to death.   Cannot say if victim was dead or not when bullet struck.  Possibly two causes of death.  Opinion :  Rifle did it.  In this case he's unsure.  Indictment alleging death caused by shooting.  Wasn't aware it read Laurie Barrrett was shot to death. Bullet given to Bob Adkins.  To check jacket for similar markings.  Is aware of Bob Adkins' initial ballistics report.  There was a bag tested for fingerprints.  None found.  Gun resideue : none.  Claims theres a reason for that.  Cannot produce bag.  Defense Exhibit #7 Report of the discussion when Leggett and Clark visited his boss. SOLIS OBJECTION  Claims irrelevant.  OVERRULED  Allowed into evidence.  Rare to find post mortem gun shot wound.  The liver wasn't complete therefor not enabling him to make complete alcohol level count.  Cause of death issue :  Controversy.  Claims the victim was alive when hands were put behind the back, probably to keep from moving around.  Just speculation on his part.

Richard A. Crum -  Twenty fifth witness for the State.  Is special agent for FBI for 18 yrs.  Did ballistics test.  Did study comparison test of the ammo to the weapon to determine if it was, or did, or did not come from the weapon in question.  Has a BA in Mechanical Engineering.  Masters in the forensic sciences.  Training was on the job.  Has testified in Federal and State courts.  Is also a teacher in this field.  In the fall of 1987.  Berry made contact with him.  Request him to examine firearm components.  1) Rifling characteristics grooves or twists left or right.  2) Striations - comparison of another bullet.  #18 A cartridge case he examined.  Obtained through mail from Roger Berry.  #20 Two unfired and loaded cartridges also mailed to him by Roger Berry.  #21 Portion of cartridge also given to him by Roger Berry.  #22 A bullet as a part of States #21 #34 Bullet jackert and core #35 Cartridge case given to him by Roger Berry.  After he was through he mailed them back to Roger Berry.  #19 a 243 calibre Winchester rifle he examined.  Results of his test.  The two bullets he was given had been test fired by the people at the Dallas lab.  Analysis :  #21 + 22 were one and fired through #19.  There are many types of 243 calibre rounds.  Asked to make comparison between #18 and #35.  Compared weapon to cartridge case.  Hade same pin markings.  His opinion that #18 was fired from #19 #20-35 compared unfired rounds to fired rounds casings.  Only thing able to determine was that they were same calibre and same maker.  Thats all.  #34  # 21 - 22 - 19 Compared with bullet taken from body of Laurie Barrett.  # 21 - 22 were once one.  Compared bullet from the test firing and bullet recovered from body to the rifle.  Cannot say of bullet jacket and core were once together.  Jacket was 243 calibre and it had 6 grooves to the right.  Had test bullet to compare.  Claims that all bullets submitted and the one test fired did match States evidence #19.  His opinion that these bullets came from the weapon submitted for examination.  The jacket and the core he's unsure about.  #35 compared to #19 and his opinion is that it was fired from #19 excluding all other firearms.  Trigger Pull : 4 3/4 pounds of pull.  Normal for this type of weapon.  Hair trigger is less than 1 pound.  Examination of #19  revealed its a 6.5 calibre  and it had a round in the magazine.  PASS THE WITNESS Bobby Clark questioning. Type of microscope used :  American optics 12 power with swivels on the end.  Knows the Dallas lab has same scope.  Is aware that everything has been examined except #35.  The casing found at Clayton's residence.  Is aware that person who made comparison has changed his mind.  He had talked about the case and his opinion with someone at the Dallas Laboratories.  The riflings isn't enough in some cases to make an identification.  Is both comparisons needed.  Only if there are familiar markings on the suspected bullet and the known bullet.  Says adamantly that the questioned bullet was fired from the weapon.  The case was marked by a scribe.  Is possible for two experts to have different testimonies.  His work is an exact science like fingerprinting.  There are weapons with the same barrel markings , but never the same striations.  REDIRECTNo questions. REDIRECT. No questions.

Day 5  - 28 October 88

William Glass - Twenty sixth witness for the State.  Is a student at ACU.  Lives in ally apartment of 650 College Drive.  Shows proximity of houses.  Went to work at 5:00 pm.   Got off at 9:00 pm or 9:40 pm.  5 minutes to get home.  Put books on death and went back outside.  About 10:00 pm he was outside for 5 minutes when he heard a scream.  Heard two screams and went to check it out.  Headed west towards Avenue D.  Walked past Laurie Barrett's house to Lincoln Street.  There was a dog barking.  Did not hear dog til after the screams.  Did not see anyone.  The only thing missing in the alley was the dog. PASS THE WITNESS Bobby Clark questioning man about his testimony.  Did not see any activities in any of the houses.  There were lights on in two of the houses in the first block. Says the scream came from the distant west area.  Was raining when he walked down the area.  This area is a college area.  Says the scream sounded serious.  Doesn't know where the scream came from.

Lula Smith -Twenty-seventh witness for the State.  She lives at EN 19th.  On the 20th of Sept 1987 was living at 602 College Drive.  Did hear of Laurie Barrett being missing.  She got out of church and drove by Laurie Barrett's.  When she drove by she saw a tall black male in red shorts a whote shirt knocking on the door around 12:30 to 1:00 pm.  The bike he was on was black with tones of maroon.  #168 photos of bicycle.  Claims to be similar.  The male was tall with athletic build.  Clayton made to stand up and walk before jury and witness.  She drove back by and the bike was there, but the person wasn't.  Never saw person leave the house.   She assumed this is the person who had been seen riding around the neighborhood.  She did report to the police. PASS THE WITNESS Bobby Clark questioning.  She has seen numerous people riding bikes in the neighborhood.  Claytons build is not unique.  Many people built the same.   Claims it was 5 minutes between first and second time she drove by.

J. T. Hatcher - Twenty - eighth witness for the State.  Is police detective.  On 28 Sept 87 he came in contact with Sherriff Middleton who passed #18  243 shell casing to him.  He placed into evidence vault
until it was released to John McCoy.  PASS THE WITNESS Bobby Clark questioning. Did he mark :yes.  Marked the container.  Was not present when the casing was found.  REDIRECT .  No questions.

Robert Adkins -  Twenty - ninth witness for the State.  Firearms and finger print examiner.  For 3 1/2 years.  Is possible to match jacket to weapon.  Can be identified by manufacturing machine marks.  October 7, 1987 received items from John McCoy.  They are #27 The Weapon.#26-18 spent cartridge casing.from the scene of the body. #20 cartridges unfired.Three. Test fired one for comparison sample # 21-22 the test bullet and jacket he fired.   #34 Bullet taken from the body.  Compared 34 to 22. looked for similar markings under his comparison scope.  The first time he was inconclusive.  The second time 7 Sept 88 a year later he tested again. This time he tested it positive.  #26 Compared and the test inconclusive. Tested again and he changed his mind.  OBJECTION  This isn't in his report OVERRULED Any fingerprints on the weapon was obscured beyond idntification. #35.243 cartridge case.  Received in August of 88.  #18-20-21 given to him for second test.  #35  Claims he was mistaken and changed results. Released to Roger Berry.  He got all items the first time.  All except #35.  Initially his test was inconclusive, but wanted to reexamine because he heard the FBI's test was different from his.  Claims he was wrong the first time due to his inexperience.  Trigger Pull:  5 lbs.  Class characteristics: six grooves turning to the right.  Same grooves on shell casing and rifle.  Had discussion with police officers to do second test.  PASS THE WITNESS Kenneth Leggett is questioning.  Has been in forensic education since 1976.  Knows all the people at the Dallas Lab.  Went to laboratory to change testimony.  Discussed finding with F.B.I and Fletcher.  Lab is similar to F.B.I lab.  He test fired a bullet.  He compared to autopsy bullet.  Autopsy bullet damaged.  Did not have all of its markings.  Firearms exams may differ.   His opinion is that its close.  Is not aware of the time it takes to complete a test.  First ballistic report submitted as Defense exhibit #8.  No objections.  Claims he never showed anyone else his findings.  Is aware the state wantged another test.  Was told by his boss that there was some discrepencies with his test and the F.B.I test.  REDIRECT Solis submit second report as State's exhibit #169.   Admitted into evidence.  He did nothing to the .25 caliber handgun submitted to him.  REDIRECT Kenneth Leggett.  Reestablishes the conversation between him and F.B.I and the differences of reports.  Establishes that # 44 may have been fired sometime after the October 1987.

Patricia Taylor - Thirtieth witness for the state.  Has been a forensic serologist for 4 yrs.  Her job to I.D blood or body fluids.  October 7, 1987 .  She received items for testing. Swabs and soil samples #8 Envelope with swab in it.   Chemical test for blood.  Couldn't type the blood, but some was present.She didn't have enough to establish if it was human blood.  Soil samples had blood on them, but unable to determine origin.  A headboard panel was tested.  No blood found.  Originally given 9 swabs to test.  Of the 9 only 1 had blood on it.  Blood missing from 5 swabs.  No explanation. NO QUESTIONS.

Timothy C Fallon - Thirty first witness for the state.  Trace evidence analyst for 9 1/2 years.  Given items in October of 87 b y John McCoy.  The curling iron cord not identified.  #10 He compared to curling iron.  His opinion is the ends are similar.  Unable to match.  The only characteristics of similarity is that they both are copper wires.  #167 Small piece of white plastic.  Is consistant with many platic trash bags.  Was to compare with bag found on the body.  Results : Lost bag so did no comparison. m What could have been requested : See if the small piece came from the bag.  OBJECTION Calls for speculation.  Is not part of evidence.  SUSTAINED.  The material of small piece is not unique.  Don't know if it came from large bag or not.  PASS THE WITNESS Bobby Clark questioning.  Went over curling iron and cord testimony.  Where is the rest of the evidence submitted ?  The contentsof the vacuum the police gave for testing.  The purpose was to find any trace evidence from the floor #36-39 Vacuum filters #42-43 hairs.  Had the given hair samples from Laurie Barrett's body and that of Clayton.  No black persons hair was found in the filters.  No hairs or fibers found in the fingernails at the time autopsy.  The only identification made was the possibilty of the cut cord having come from the curling iron.  Blanket revealed nothing.  Another wire was submitted for testing, but no identification made.  Just a coil type brown cord.  Also a flat grey telephone extension cord.  No other wires.

Lee Reid - Thirty second witness for the state.  Police for Abilene for 10 yrs.  Talked to family of Laurie Barrett.  Called CID to process the house.  The sister - in - law earing to him.  He put it in his case file.  Went to the house at 9:00 AM.  Took pictures and looked for signsof intrusion.   Saw the grass in sink. Saw the curling iron.  Saw open window.  Saw broken tile and give.  Took curling iron into custody.  Saw open gate and pushed up pile of dirt.  Saw handprints on edge of window.  Two gates in the backyard.  PASS THE WITNESS  Bobby Clark questioning.  People at Laurie Barrett's house.  Phipps - Heslett - Spohn - Hatcher.  Phipps had the camera.  Also took photos with polaroid.  Where's your report ?  Didn't do one.  There are some photos shown that are defense exhibits #9-10-11.   The photos taken on the 18th.  #11 photo shows the shade down and the window was open about a foot.  One gate open.  #9 phooto shows gate closed.  Where's the screwdriver ?  Not aware of it being removed.  #10 photo showing two diamond earings and large diamond ring.  On the dresser is a stereo, TV in living room.  There was other jewelry that was expensive.  Never saw screwdriver on window sill anywhere.  Did not take the tile or glue into evidence.  #76 state's photo shows bathroom and broken tile.  #87 photo showing bathroom window without screen.  Points out that there was prints or something there.  #15 photo showing screwdriver by the south gate.  #170 photo showing countertop with curling iron minus cord.  Has been in the house only once.  One the 18th.

Mickey Rose - Thirty second witness for the state.  Works for Fred Hughes Buick.  Put car in storage block.  He looked around car.  Repaired damage.  Opened trunk and found piece of plastic.  Closed trunk and called police.  Shown photo of car.  PASS THE WITNESS Bobby Clark questioning.  How long was it before he found plastic.  A week or two after car was brought in.  The storage space is open and anyone can have access to the car.  Store is open from 7am-6pm.

Gary Heslett -  Thirty - third witness for the State. Police with Abilene for 10 1/2 years.  C.I.D for 71/2 years.   On 9-30-88 he got call from Rose to come get piece of plastic.  He was part of investigation.  Plastic somewhere near the latch around the middle of the trunk took into possession.  #167 piece of plastic.  took to the police department.  Put in storage area.  Went to Dallas labs #8 Cotton swabs #10  cut electrical black cord.  Turned over property for testing.  #15 screwdriver from Dickey.  PASS THE WITNESS Kenneth Leggett questioning.  First became part of investigation on the 22nd.  Was on the scene when car was found.   He was never around when body was found.  Duties on case ?  At Claytons house was to help when needed.  Claytons house once.  Him and Watkins at Claytons house.  Reports on picking up piece of plastic wasn't made out.

John McCoy  Thirty fourth witness for State.  Person who took items to the Dallas lab for testing.  Police for 13 yrs.  Detective for 11 yrs.  Took items to the lab on October 1 1987.  On the scene when body found.  Was siftinmng the gravel for evidence.  Dug up area around body.  Deepest arc was 2 ft.  There were stains on the ground.  Found nothing.  Not even a bullet.  Some of the solid samples were taken for testing.  Duties on scene :  Transport evidence, dirt work or just as n extra hand.

MONDAY - DAY 6 - 31 October 88

Roger Berry - Thirty - fifth witness for State.  CID for 11 yrs.  Became part of case on 22 Sept 87.  Reason = car found.  Processed area as possibly crime scene.  Just looking for anything.  He did vacuum car and trunk.  Sent contents to the Dallas lab.  He asked to ID the contents.   Took license photo from rear.   No pritns on the car.  23rd searched area around ACU for body.  Also looking for a red Toyota pick - up.  Interviewed Jim Taylor.  Wrote affidavit for search warrant.  OBJECTION  Part of previous motion to supress because warrant was illegal.  OVERRULED   Got warrant on 24th at 1:18 AM.  Searched home at 1:30 am 6 officers present.  Items seized the first time : #3 pieces of white material #178 photo of same.  #4 photo of large knife on bed.  #177 photo of same.  #5 stilleto knife  #176 photo of same.  #6 white cloth material #178 photo of same #7 large pieces of material.  #8 cotton swab.  #179 - 174 photo of sink area and dark blotches.  #10 cut black electrical cord #173 photo of same.  #11 insurance card.  #57 metasl knife  #172 photo of same#180-181 photo fo boots in closet.  Two pair.  One shiny one not.  Curling iron admitted into evidence.  Boots = one was for dress the other for duty.  Items given to him that were found in a dumpster : #12 lisence plate, #13 belt.  #73 similar blouse, but not exactly.  He did see weapons, but did not seize at that time.  Dumplster issue : Trash pick up on Tues. and Friday.  Dome light casing in car was off.  Spent his time looking for body.  29 Sept 87 he researched victims house.  Body found in Jones County.  Spohn + Phipps on scene.  Made aware of cartridge case.  Hair on victim was darker than photos might indicate.  Took Barbara Holt to Clayton's house.  #126 photo of casing in area of the body.   Found yellow garbage bags in victims house.  Body identified on afternoon of 29th.  Positive ID made on the 30th by Officer Reid and Dr. Weiner.  OBJECTION  to this answer.  SUSTAINED.  Made affidavit for search warrant 30 Sept 87.  Loking for firearms.  Telephones or their cords #19 243 rifle.  #20 2 of 3 bullets in rifle case.  #21-22 shell casing and bullet test fired #23 clock radio / telephone #194 photo of same.  #124 piece of speakerwire.  #25 bottle of perfume.  #186 photo of same.  #27 wire splitter or jack#188 photo of same. Bullets and rifle sent to lab.  Retuned from lab and placed in evidence vault, sent to FBI.  Got back and sent bullets back to Dallas.   He picked up from the lab.  Put in vault.  #19-27 Actual pieces #185-187-192-194 photos of same.  Claims rifle was on floor of bedroom.  In the butt portion there was some dirt.  #18 shell casing found at scene of body.  #191 photo of phone jack.  OBJECTION is irrelevant.  OVERRULED.  #168 photo of two bikes one maroon one white.  #189-190-195 boots with dirt on them.  Boots had dirt on them not caliche.  #39-40-41 small sample bottles of perfume.  October 7 went back to Clayton's house to recheck and take boots.   Also took other bullet.  #35 spent casing.  He took keys to Hawley to see if they went to school.  2 of 3 fit.  One unidentified.  Never found victims house key.  OBJECTION to evidence being repetitious and inflammatory.  OVERRULED.  PASS THE WITNESS.  Bobby Clark questioning.  Aware of officers present at Clayton's house before search warrant was issued.  Describe Clayton's apartment.  From the living you can see into part of the kitchen.  To the left rear of the living room was a hallway with the bedroom on one end and the bathroom on the other.  Table - chair- sofa - Boxes stacked duffle bag in corner of living.  Another military bag in the bedroom.   Everything was on the sofa.  Soft sided suitcase hanging in the closet.  Clothes in the closet.  Dirty cloth on floor.  No video.  Car issues : Barbara Holt processed the car.  Had video of car.  Searched interior.  Vacuumed trunk.  Access to the trunk ?  Found : can of oil - baseball glove and piece of tissue.  The tissue was tested to no avail.  Looked on lid of trunk, but doesn't remember piece of plastic.  His test results neeted nothing.  No body's hair found in or around car.  The knife not sent for testing.   Took swabs from bathtub.   Boots !  Not all that unfamiliar with people in the military to have two pairs of boots.  One for duty and one for show.  Were they tested ?  No.  Why ? Dirt isn't unique.  Describe casing : Brass, darker around bullet end.  Not tarnished.  Not shiny.   Area in Jones County.  The Jones County officials originally picked up pieces of evidence.  On 10-29-87 was back at Laurie Barrett's house that morning.  Picked up small fibers or hair.  Tested to no avail.  Aware of pry marks around window.  Found tie type trash bag.  Didn't touch. Forgot to pick up the bags.  Second search of Clayton's house.  10-30-87.   He took the radio clock telephone gadget.  Wire splitters.  No phones in residence.  The radio was in tote bag.  Could be taken apart and lent to someone else.  No special significance to perfume bottles.  Was at Clayton's house 3 times.  #15 screwdriver origin ? Don't know and wasn't present.  Did some searching on horse back.  Tried to track from Clayton's house to scene of body.  #165 photo of curtain of flowers.  Where is the curtain ?  Don't know.  He didn't pick it up.  Why ? He felt it was unrelated.  Curtain was never submitted so you don't know if pieces were torn from it.  Correct.  No one ever processed Clayton's house.  No one ever processed the weapon for prints.  Claims rifle was handled.  Precautions weren't taken to keep prints of value.  Claims there was a danger when Clayton was handcuffed.  Other person issue :  Only knows of one Andy, Clayton knows but he is in New Jersey.  Wherabouts confirmed.  Looked for the so call Andy in Weathorford.  He felt the Andies that he found weren't connected to this case.  Therefore used no more time in the search for Andy.  REDIRECT  - Solis  questioning.  Found plate on W- day.  Car found and it was in the news.  Still looking for clothes and purse contents.  Found nothing.  Body unclothed #165 photo of curtain.  No reason to show curtain. Because its not present in court.

Kelly White -RECALLED  Keys for identification. Yes to key ring.  #15 screwdriver that was used to keep gate closed.#88 photo of area  where she kept the screwdriver in the gate.  On Friday the gate was open.  Left it on ground and cleaned out house.  OBJECTION Leading question.  OVERRULED.  NO QUESTIONS FROM DEFENSE.

Debbie Barrett - RECALLED - Went to victims house in morning.   She searched backyard.  She says she had found no keys on Saturday.  Was present when Hurley found key.  Quite adamant about them not being there the first time.  NO QUESTIONS FROM DEFENSE

STATE IS RESTING

DEFENSE TESTIMONY

Day 1 - 1 November 88

Defense files motion for instructed verdict.  Because the State has not verified all four counts about the death as it was testified to by Weiner.  The testimony was that there was only one way victim could have died.  The elements of the indictment was not proven.  ----Venue called into question as well.  evidence indicates crime was committed in Jones County above the level of the perponderance of evidence.  ALL OVERRULED.

Jackey Bailey -   1st witness for defense.  Knows Bill Hurley.  Was a part of the search party.  Was over near victims house when she met him.  Was shown how Mr Hurley found items.  Went to Fred Hughes Buick.   Car unlocked.  Found hairs on jack and jack case.  Took 15 minutes to search.  Nothing else in the trunk.  Never knew the family or the victim.  Was at Laurie Barrett's house more than once.  Trunk appeared messy.  Called the police to come and search car again.  Remembers looking for the truck of Jim Taylors truck.  NO QUESTIONS FROM STATE.

Laurie Campbell -   2nd witness for defense.  State of mind on same day as Drusilla Howell testifies to.  Judge allows testimony.  She's a student at ACU.  She is a social work major.  Was at trial before now.  Was first contacted on a Wednesday this week.  Did not know she was to be a witness.  Was Drusilla's roommate.  Worked at Super Duper.  Clayton came over a lot.  Was there when she got off of work on the 15 Sept 87.  Watched TV and hung out.  Any anger expressed : NO.  Depression ! Yes.  Saw again at party on Saturday night.  No difference in attitude.  PASS THE WITNESS.     George Solis questioning.    Met Clayton in January of 87.  Clayton was at house a lot in summer.  Does not remember Clayton working.  Stated Drusilla worried about Clayton.   Saw the weapon before.   Remembers Clayton cleaning it.  Clayton's biuke was blue.  Unlike the ones in the photo.

Randy Manley -   3rd witnesss for defense.  Lives in Jones County.  N.E from ACU 1082.  Same residence for 18 years.  He's a farmer.  On 10-29-87 body found near his home.  1/2 mile south of his home.  Was told body was found.  Said the police used his phone to call others.  The body was found 2 1/2 hours inside Jones County.  He saw the caliche pile.  The shell casing was on the side of it.  Told the deputy and was told it was not significant.  Was that her ? Don't know.  Saw Sid Merchant pick up casing and place in pocket.  The next day around noon saw police digging in the area.  He helped search for clothing.  About 5:00 pm on his way home he saw a small car going slow.  He turned, the car turned.  The car pulled up where the body had been.  When started to approach the car it sped away.  He gave chase long enough to get description and plate.  Called police and told "That sounds like our Andy." The weather condition was rainy.   Test fired brass shells to see about the condition of the states casing.  Left casing to the elements.  When he came back he noticed it wasn't shiny but tarnished.  PASS THE WITNESS  George Solis questioning.  Recalls Spohn being there.  Noticed the shell casing before noticing the body.   Never touched.  Shown photo.  Shown shell casing.  Appears to be the same.  Daughter lives around ACU area.  She heard on radio about body.  Saw small car around 4:30 pm.  Police were gone by that time.  They found nothing.  The search lasted for 2 1/2 hours.  The driver was looking right at the sight where the body was found.  The car was a silvered Volkswagon.

Juanita Bishop -   4th witness for defense.  Knows James Clayton.  Has never worked with him.  Saw Clayton with Andy at a basketball gme.  After which she told her friend Delores she saw Clayton and Andy.  Describe Andy !  He is a Tall Blonde.  PASS THE WITNESS  George Solis questioning.  She never ran around with Clayton.  Saw on campus.  Clayton was at Edwards dorm in summer.  Saw Clayton and Andy playing basketball once or twice.  Wouldn't recognise a photo of Andy.  She dropped out before finals.   Never saw Andy anymore after Laurie Barrett disappearance.  Only told Delores about Andy.

Delores Miller -  5th witness for defense.  Works for Dallas as a nutitionist.  Was student at ACU.  Met Clayton in 85.  Met Meechi through her church.  Aware that Meechi was planning her wedding.  Went job hunting with Clayton at Dillards.  She was looking for Meechi to get tape for her roomate Karen Cal who is singing in the wedding.  Meechi worked in cosmetics and fragrances.  Knows Juanita Bishop. Spoke to at Basketball game.  Spoke about "Andy" Juanita told her she knew him.  Reported this information and hasn't spoken to Juanita since. PASS THE WITNESS  George Solis questioning.  Wedding issue: was to be in October.  Now Meechi  lives in Michigan.  Clayton met Meechi one 1/2 week before incident.  Remembers Daniel McElroy.  Clayton had lots of friends.  Clayton went skiing last spring.

Stanley Gardener -     6th witness for defense.  From Clarendon Texas.  Is student at ACU.  Know Clayton.  Both played football together for ACU.  Clayton came by to use clippers from time to time.  Never has seen Clayton upset on any occasion.  PASS THE WITNESS  George Solis questioning.
Clayton and he played football together.  Not sure about number of times Clayton came by.  Usually for 2 to 3 minutes.  Never discussed his personal life.  Don't know of Claytons employment either.
 

Dana White -  7th witness for the defense.  1133 Westheimer.  Works at the state school.  Student at ACU.  Knows  Clayton through fraternity.  Did live with Clayton during summer.  Clayton did not have a phone.  Left because of Clayton's cats.  Has a car.  Did change plates, but doesn't know where the others are.  Clayton doesn't do drugs.  Contact with police was unpleasant.  Police intimidated him and tried to make him say Clayton used drugs.  PASS THE WITNESS  George Solis questioning.  The first time Dana was Clayton's roomate the problem was private rooms.  Visited Clayton at the apartment before he moved in.  Clayton worked in the maintenance department.  Remembers him looking for other job.  Hardly saw anymore when he moved out.  Doesn't know anyone named Andy.

Darleen Miller - 8th witness for defense.   She lives with parents.  Does know Clayton.  Met 2 yrs ago.  Friends first then started dating.  Were going out the first time we had fight.  Clayton got upset because of suspicious behaviour.  Clayton never hit her.  Never wanted to hit her.On the morning if the 18th Clayton met her on the way to school.  Clayton driving blue car.  Clayton and she had small accident.  Went back to her house.  Talked, calmed down, and set things straight.   Went to the fair that weekend.  Aware of dorm residence and apartment.   Clayton had no phone.  Gave her the phone befoer any of this happened.  #12 Defense exhibit.  The phone itself and cords to it.  Its exactly as Clayton gave it to her.  Clayton gave her the phone because did not have the use for it and she liked it.  Phone operates apart from the radio when necessary.  Aware Clayton was moving.  She was present when the conversation took place between Clayton and landlord.  Clayton looking for apartment in the area.  Gave statement to the police.   PASS THE WITNESS.  George Solis questioning.  Confirms that her name is now Robinson.  Knew Clayton to be student at ACU.  Dated during the summer.  Knew Dana White as roomate.  Wasn't kicked out until mid summer.  Did work at the maintenance department.  Also the Kirby company.  Had no problems till she wasn't where she claimed to be.  Clayton pushed her and told her friend to leave.  Clayton grabed her and left bruises on her arm.  She said Clayton said "if he saw her with another man he would not walk away.  Car wreck rehashed.  Don't remember who I said the car belonged to.   Clayton wanted to get back with her.  She thought he was suicidal which is why she did.  On the morning if the 18th Clayton looked tired, but not drugged.  Went to get her necklace while Clayton was away.  While looking she came across a gun and some gloves.  She got scared and left.  She is afraid of Clayton.  Clayton was sleeping when she later returned.  The car was gone.  Car keys there.  At 4:30 she left.  Came back at 6:00 pm.  Stayed until 11:00 pm.  Just Clayton and her.  We discussed breaking up.  There were no more threats made.  Recognises pictures of bikes as one belonging to Clayton.  Saturday she saw him in the afternoon.  Went to the fair.  Sunday saw in the afternoon.  Left and returned to stay until 9:00 pm.  Never had rent problems.  REDIRECT.  Bobby Clark questioning.  Boots are National Guard issued.  We had problems, but resolved them.  Not unusual to see Clayton in a borrowed car.  Never saw Clayton in a black trench coat.

Benford Clay -   9th witness for State.  Gave name as "DJ Mix".  Had name for a long time.  Met Clayton in 86.  He runs track.  Clayton and he hung out all the time.  Spent time just hanging out playing records.  On the 17th he Clayton after track practice.  Clayton was his usual collected self.  Clayton doesn't use drugs.  His interview with police wasn't good.  They tried to implicate him as possible suspect.  PASS THE WITNESS George Solis questioning.  Clayton and never roomed together.  In May he left.  Went home.  Returned in August.  September restarted school.  Didn't know where Clayton was living.  Saw him at room all the time.  Heard about the woman's disappearance.   Does remember Clayton using his phone to call wrecker service.  Didn't know Claytons plans for Thursday night.  Clayton left his company at 11:30 pm.  (Solis calling him a liarSolis claiming that he told police he did not see Clayton at all on Thursday).  Police talked to him twice.  Doesn't remember saying he didn't see Clayton.  Clayton told him about the car wreck.  He helped with letter to Darleen.  Clayton never sought his opinion on problems.  Saw Clayton call insurance company about the car.  Don't remember time used phone.  REDIRECT.  Bobby Clark questioning.  Friday night game and then party with Clayton.  No difference in attitude.  The clearest day in his mind is the 17th.

Dr. Ralph Eardman - 10th witness for the defense.  Self employed pathologist.  Past military man.  Was pathologist Was pathologist who worked the "James Town Massacre."  Was first man selected for Military forensics Cor.  Is a Is a Colonel in Army Reserve Hospital.  He does pathology for 42 counties.  Testified many timed.  He does for 42 Counties what the Dallas people do for Taylor County.  Has done close to 9000 autopsies in his career.  First contacted by Wilkins.  Saw autopsy report. It was sent to him.  State exhibit #164 is a copy of same report he saw.  Its his opinion after viewing photo before and after the autopsy and other reports that this cause of death is unknown.  Too many factors are called into question : Gun shot wounds + tightly knotted ropes + stuffed material in mouth.  Causes uncertainty.  All three may have contributed to death.  Decomposition issue : There was no lungs or organs present to make a complete ruling on cause of death.  There may have been oxygen starved cells which causes hemorages or strokes.  You cannot tell now that nothing was tested because of abscence. There are others factors present which indicate many different ways of death.  Has seen individuals who have been gagged before they died.  Has seen individuals shot after thought dead.  Brain hemorages may have been present.  No brain.  No report.  No organs.  No report.  Can he determine cause of death ?  Not with certainty.  It would have to be undetermined and list possible causes of death.  PASS THE WITNESS George Solis questioning,.  He didn't see the type of bleeding that should have present if person was shot to death.  (Solis and the witness in an argument).  Points out how a normal head is 20 inches plus around the neck.  There was a ligerture presetn which has only 14 inches.  Which does suggest strangulation.
REBUTTAL
Jay Hatcher -  Had conversation with Benford Clay and he said Clay said he didn't know Clayton's whereabouts.  OBJECTION.  Because Benford isn't here to defend himself.  Now state trying to impeach him.  OVERRULED.  PASS THE WITNESS.  Bobby Clarke questioning.  Did officer Hatcher have Benford Clay sign a statement to this fact ? No.
Not even put in any of his reports.   REDIRECT  Now officer is claiming he would remember if said.

Roger Berry -  Claims conversation with Benford Clay.  Same as his partner.  PASS THE WITNESS  Bobby Clark questioning.  Did you make part of any of your reports ?  NO.  Not even your supplemental reports ? No.

STATE RESTS
DEFENSE RESTS.
 
 
 

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