72
1 UNITED STATES DISTRICT COURT
2 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
3 CHARLOTTE DIVISION
4
UNITED STATES OF AMERICA, )
5 )
)
6 vs. ) File No. 3:97CR23-P
)
7 AQUILIA MARCIVICCI BARNETTE, ) SENTENCING PHASE
)
8 Defendant. )
)
9
10
11 Transcript of proceedings before the Honorable
12 ROBERT D. POTTER, Senior United States District Court Judge,
13 before Scott A. Huseby, Official Court Reporter and Notary
14 Public, on the 30th day of January, 1998.
15 APPEARANCES:
16 For the United States:
17 ROBERT J. CONRAD, JR.
THOMAS G. WALKER
18 Assistant United States Attorneys
227 West Trade Street, Suite 1700
19 Charlotte, North Carolina 28204
20 On Behalf of the Defendant:
21 GEORGE V. LAUGHRUN, Esq.
Suite 602
22 301 South McDowell Street
Charlotte, North Carolina 28204
23
24
25
73
1 APPEARANCES: (Continued)
PAUL J. WILLIAMS, Esq.
2 Suite 801
301 South McDowell Street
3 Charlotte, North Carolina 28204
4
5 ---
6 (Bench conference not recorded.)
7 THE COURT: Good morning. Is there anything we need to
8 put on the record before we start?
9 MR. WALKER: Your Honor, I would on behalf of the
10 government, pursuant to the notice of intent to seek the death
11 penalty which the government filed in this case back on the 7th
12 of August of 1997, we gave notice of the statutory and
13 nonstatutory aggravating factors that the government intends to
14 seek to justify a sentence of death in this case. One of the
15 statutory aggravating factors that was listed on both the
16 killing of Donald Allen as well as the killing of Robin
17 Williams, the government also listed not only as a statutory
18 aggravating factor under the heading of multiple killings in a
19 single criminal episode, but the government also pled in the
20 notice in the alternative the nonstatutory aggravating factor of
21 the defendant killed two people in that not only did the
22 defendant intently kill Donald Lee Allen but the defendant also
23 killed Robin Williams.
24 Your Honor, we have elected to proceed with that
25 alternate nonstatutory aggravating factor of the defendant
74
1 killed two people in that not only he intentionally kill Donald
2 Lee Allen, but he also intentionally killed Robin Williams. I
3 gave the defense notice of that yesterday before we began this
4 phase, and I just simply wanted to put that on the record.
5 THE COURT: All right, fine. Thank you, sir. Anything
6 else?
7 MR. LAUGHRUN: We have no objection to that, Judge. We
8 had a bench conference before this morning. The only thing that
9 was discussed there was scheduling, witnesses, and I believe
10 Mr. Conrad and Mr. Walker, and correct me if I'm wrong, that's
11 all that was discussed at the bench conference.
12 THE COURT: Thank you, sir. Call the jury.
13 (The jury returned to the courtroom.)
14 THE COURT: Good morning, ladies and gentlemen, hope you
15 had a nice evening. I have to ask you again and I'll ask you
16 this every time, have any of you seen, heard, read anything or
17 talked to anybody about this case overnight?
18 (Jurors shake heads.)
19 THE COURT: Thank you very much. They all indicate that
20 they have not. Call your first witness.
21 MR. WALKER: Your Honor, the government would call
22 Captain James Yarbrough.
23 JAMES YARBROUGH,
24 being first duly sworn, was examined and testified as follows:
25 DIRECT EXAMINATION
75
1 BY MR. WALKER:
2 Q. Sir, if you will, be aware that the microphone is fairly
3 sensitive, especially when you say the letter P, would you state
4 your full name and tell us what you do for a living?
5 A. My name is James Yarbrough. I'm a captain with Coweta
6 County Sheriff's Department, investigator.
7 Q. Okay. Now, Coweta County, what is the county seat of
8 Coweta County, Georgia?
9 A. Newnan.
10 Q. And are you employed with the sheriff's department there
11 in Newnan, Georgia?
12 A. Yes, I am.
13 Q. How long have you been in law enforcement?
14 A. This is my 21st year.
15 Q. I'm going to get you to slide back in the seat because
16 of that microphone and just speak with your normal tone if you
17 would.
18 Back in January of 1993, were you at that time working
19 as a sergeant not with the sheriff's department in Newnan,
20 Georgia but with the police department there in Newnan, Georgia?
21 A. Yes, I was.
22 Q. Did you have an occasion in January of 1993 to become
23 involved in the investigation of the defendant in this case,
24 Aquilia Marcivicci Barnette?
25 A. Yes, I did.
76
1 Q. What was the -- if you would, relate to the members of
2 the jury the nature of that investigation.
3 A. Back in January of '93, around the 23rd, Ms. Crystal
4 Dennis came to us and reported that her two children had been
5 beaten with a coat hanger by the defendant. She had gone to
6 work, worked a second shift job, and she left the defendant
7 baby-sitting her children. They are not his children. It was a
8 three-year-old year and a five-year-old. The three-year-old was
9 the son, the five-year-old was the daughter. And he disciplined
10 them with a metal coat hanger, leaving welts and scars on the
11 children.
12 Q. After Ms. Crystal Dennis reported that to your
13 department, did you follow up in that investigation?
14 A. Yes, I did.
15 Q. Tell the members of the jury exactly what you did
16 pursuant to that investigation.
17 A. I notified our local department of family and children
18 services. Also, I took photographs of the victims in the crime.
19 Q. You talked to Crystal Dennis about what happened?
20 A. Yes, I did.
21 Q. And did you also actually go look at the two infant
22 children of Crystal Dennis?
23 A. Yes, I did.
24 Q. Did you complete a report as is your custom with
25 investigations of that nature?
77
1 A. Yes, I did.
2 Q. And I believe you also said that you took some
3 photographs, is that right?
4 A. That is correct.
5 MR. WALKER: May I approach the witness, Your Honor?
6 THE COURT: Yes, sir.
7 BY MR. WALKER:
8 Q. Captain, I'm going to show you what I have marked
9 previously as Government's Exhibit 53A. It consists of 1, 2, 3,
10 4, 5, 6, 7 -- 23 pages. Is that the report and your complete
11 file in this case concerning the investigation of the defendant
12 in this case and the beating of Crystal Dennis's infant
13 children?
14 A. Yes, it is.
15 Q. Okay. Referring your attention to Page 1 of that
16 report, if you would just flip through each of the documents in
17 the report and indicate what those are to the members of the
18 jury.
19 A. The first one is the case instant report. It lists the
20 cruelty to children and simple battery charges, and it tells a
21 little bit about what occurred.
22 Q. And what do you have listed there on the first page, if
23 you would, the narrative at the bottom?
24 A. Ms. Crystal Dennis reported to Newnan police that on
25 1-23-93, while she was working second shift, she left her
78
1 children with her boyfriend, the above suspect, Aquilia
2 Barnette, at her residence at 1-C Pinewood Villa Apartments in
3 Newnan. During the period of time between 4:00 and 12:00 p.m.,
4 the above suspect struck the two children, ages three and five,
5 with a metal coat hanger, causing excessive physical pain, welts
6 and scarring. The children told their mother about the incident
7 the next morning, and on 1-25-93, Ms. Dennis confronted Barnette
8 over the incident of whipping her children with a metal clothes
9 hanger, and the suspect and Ms. Dennis had an argument that
10 became a fight with the suspect striking and choking
11 Ms. Dennis.
12 The suspect then left the residence, and Ms. Dennis
13 notified Newnan police. Also the department of family and
14 children services were notified. After interviewing the
15 children and Ms. Dennis, police had warrants issued for the
16 arrest of Barnette for two counts of cruelty to children and one
17 count of simple battery for striking Ms. Dennis. The suspect
18 was arrested on 1-28-93 when he returned to the residence in
19 Pinewood Villas. The suspect was transferred to the county jail
20 after questioning, and bond has not been set at the time of this
21 report.
22 Q. Okay. Now, I believe the last part of what you just
23 read was on Page 2 of your report, is that correct?
24 A. That's correct.
25 Q. Your report also has, and correct me if I'm wrong, as I
79
1 flip through it, there is a sheet in here called the arrest and
2 booking report, is that right?
3 A. That's correct.
4 Q. And there is also a sheet in here, the back of this
5 sheet indicates the state warrant, the state warrants that were
6 taken out against the defendant for these two counts, is that
7 right?
8 A. That is right.
9 Q. And there are also some other documents concerning an
10 application for a criminal arrest warrant, as well as the actual
11 indictment of the defendant for the two counts, is that right?
12 A. That is correct.
13 Q. And lastly, I want to turn your attention to the next to
14 the last page. There is in your report, is there not, a
15 document entitled waiver of counsel signed by the defendant in
16 the case, Aquilia Marcivicci Barnette, is that right?
17 A. That is correct.
18 Q. I'm going to come back and ask you about that.
19 MR. WALKER: But in the meantime, Your Honor, I would
20 move admission of Government's Exhibit 53A, this captain's
21 report in this matter.
22 THE COURT: Let it be admitted.
23 BY MR. WALKER:
24 Q. I will let you hold onto that and refer to that if you
25 need to during your testimony, Captain Yarbrough.
80
1 Captain Yarbrough, let me now turn your attention, you
2 indicated that you took photographs of Ms. Dennis's two kids, is
3 that right?
4 A. That's right.
5 Q. What were the ages of the kids at the time of this
6 incident?
7 A. Young male was three years old, that was Mario Weaver,
8 and Jennifer Nicole was five, female.
9 Q. And did your investigation reveal whether at the time
10 the defendant was living with Crystal Dennis at that apartment
11 location?
12 A. Yes, he was.
13 Q. Okay. Referring your attention now to Government's
14 Exhibits 52A through 52H, 52A, 52B, 52C, 52D, 52E, 52F, 52G and
15 52H, you indicated that you took photographs of her two kids, is
16 that right?
17 A. Yes, I did.
18 Q. Flipping through those exhibits, are those the
19 photographs that you took of Crystal's two kids?
20 A. Yes, it is.
21 Q. And do they fairly and accurately show the injuries that
22 you saw on the children while you were investigating this case?
23 A. Yes.
24 MR. WALKER: Your Honor, I would move admission of all
25 of these photographs, those being Government's Exhibits 52A
81
1 through 52H.
2 THE COURT: Let them be admitted.
3 BY MR. WALKER:
4 Q. Now, there is a hand shown in the photograph pointing
5 out a couple of the injuries. Is that your hand?
6 A. No, it's not.
7 Q. Whose hand is that, another investigator that was with
8 you?
9 A. That was the investigator from the department of family
10 and children services.
11 Q. And were you taking the photographs?
12 A. I took the photographs.
13 Q. And lastly, 52G and 52H, those two photographs are
14 photographs of Crystal Dennis, is that correct?
15 A. That is correct.
16 Q. And did you -- why did you take those photographs?
17 A. Because she was struck by the defendant when she
18 confronted him about the injuries to her children.
19 Q. Did you notice a bruise about her head or face when --
20 is that the reason you took those photographs?
21 A. Yes.
22 Q. Okay. And lastly, Captain Yarbrough, pursuant to your
23 investigation in this case, you interviewed the defendant, is
24 that right?
25 A. Yes, I did.
82
1 Q. That was on the 28th of January of 1993, is that right?
2 A. That's right.
3 Q. And explain if you would to the members of the jury the
4 process that you go through, whether you advise him of his
5 rights according to Miranda, what you do and what happened in
6 that particular case as far as advising him of his rights.
7 A. I advised the defendant of his rights under Miranda. I
8 read the Miranda rights to him. I have him look over the rights
9 form, and if he wishes to talk to me, he signs the rights form
10 and I conduct the interview in reference to the charges and what
11 I'm questioning him about.
12 Q. Did the defendant indicate that he understood your
13 questions to him and your reading of his Constitutional rights
14 to him?
15 A. Yes, he did.
16 Q. After you instructed that those were his rights, did he
17 indicate that he wished to talk to you about the incident?
18 A. Yes.
19 Q. And did you take a statement from him?
20 A. Yes, I did.
21 Q. Okay. Captain, Government's Exhibit 53B, is this a --
22 is this the typed statement that you reported of the defendant's
23 statement to you about this incident?
24 A. Yes, it is.
25 MR. WALKER: Your Honor, I would move admission of
83
1 Government's Exhibit 53B.
2 THE COURT: Let it be admitted.
3 BY MR. WALKER:
4 Q. When you interviewed the defendant about these two
5 incidents, Captain Yarbrough, referring your attention to that
6 statement, what did he tell you happened? And you can just read
7 that from the top to the bottom if you would.
8 A. It's on 1-28-93, and our case number. The following is
9 an interview with Aquilia Barnette, black male, date of birth
10 7-7-73, Social Security number 243-57-1534, whose address is
11 5501 Glenridge Drive, Atlanta, Georgia. Suspect Barnette is
12 under arrest on a warrant for simple battery and has been read
13 his rights under Miranda and has read and signed a waiver of
14 counsel form. The interview is taking place at the Newnan
15 Police Department.
16 Barnette states that he had been living with his
17 girlfriend at 1-C Pinewood Villa Apartments in Newnan. Barnette
18 told police that his girlfriend is Crystal Dennis, and as of
19 late, they have been having problems. Barnette told police that
20 back last week, he can't remember the date, he kept the children
21 belonging to Crystal Dennis. The are Mario Weaver, who is three
22 years old, and Jessica Nicole Dennis, who was five years old.
23 Barnette told police that on occasions he had to discipline the
24 children, and that on one occasion he used a metal clothes
25 hanger to whip the children with. Barnette stated that he
84
1 whipped the boy for taking the laces from his shoes but that he
2 doesn't remember why he whipped the girl.
3 Barnette told police that he and Crystal had problems
4 over the discipline of the children since the children weren't
5 Barnette's and that Crystal's mother sometimes became involved.
6 Barnette stated that he used the clothes hanger as a switch on
7 the children, and after Crystal complained to him about striking
8 her children, that he quit doing it. Barnette stated that on
9 some occasions he struck Crystal when they argued, but not
10 often. Barnette stated that he believes that these charges are
11 because of Crystal's mother's involvement, and that if he is
12 left alone with Crystal, they can work out the problems.
13 Barnette stated that he was just punishing the children for
14 doing whatever it was they shouldn't have done and that he
15 didn't intend to abuse them.
16 Q. Now, you specifically asked him, did you not, why it was
17 that he disciplined the children with the coat hanger, is that
18 right?
19 A. Yes, I did.
20 Q. And he told you that he whipped the boy for taking the
21 laces from his shoes, is that what he said?
22 A. That's what he told me.
23 Q. And then he said but he doesn't remember why he whipped
24 the girl, is that what he told you?
25 A. That's correct.
85
1 Q. These -- your investigation ultimately led to two
2 convictions of the defendant, is that correct, for felonious
3 cruelty to children?
4 A. That's correct.
5 MR. WALKER: Your Honor, may I move, pass to the jury
6 for their review Government's Exhibits 53B, 53A, 52A through
7 52H?
8 THE COURT: Yes.
9 MR. WALKER: I don't have any other questions, Your
10 Honor.
11 CROSS-EXAMINATION
12 BY MR. LAUGHRUN:
13 Q. Captain Yarbrough, when you asked Mr. Barnette his
14 rights concerning Miranda, you didn't ask him to sign the
15 statement, did you?
16 A. Sign the statement?
17 Q. The statement he gave you?
18 A. No, I did not ask him to sign the statement. He did
19 sign the waiver form under Miranda, yes.
20 Q. Understood his rights?
21 A. Yes, sir.
22 Q. And you're confident in your own mind he understood
23 those rights?
24 A. Yes, sir.
25 Q. Didn't record the statement he gave you that you just
86
1 read to the jury, you didn't tape record it in any way?
2 A. No, sir.
3 Q. And when he -- when he gave you the statement, you are
4 confident that he had his wits about him and knew what he was
5 doing, right?
6 A. That's correct.
7 Q. In fact, he came into court with a lawyer, did he not?
8 A. Yes, he did.
9 Q. A lawyer named Walter Hagan?
10 A. That's correct.
11 Q. Came in and pled guilty to the charges?
12 A. Yes, he did.
13 Q. Didn't try to contest any of them in any way, did he?
14 A. No, he did not.
15 Q. In fact, his lawyer didn't file a suppression motion to
16 try to keep that statement that you read to the jury out of
17 evidence, did he?
18 A. No, he did not.
19 Q. Came in and accepted his responsibility for what he did?
20 A. Yes, he did.
21 Q. And was cooperative with you fully, was he not?
22 A. Yes, he did.
23 Q. Captain Yarbrough, how long after the original complaint
24 was made by -- was the original complaint made by Crystal Dennis
25 or by her mother?
87
1 A. I'm not exactly sure, but they called from the mother's
2 residence and let us know about it.
3 Q. How much time elapsed between the time, if you know,
4 that the incident happened and the time Mark was arrested?
5 A. From the 23rd when the incident happened to, I believe
6 it was the 27th or the 28th. The date of the -- that's on the
7 waiver, that's the same date he was arrested.
8 Q. And if that label would say January 28th, '93, that
9 would be the date of the arrest, is that correct?
10 A. That is correct.
11 Q. Now, Captain, were you present in court when
12 Mr. Barnette pled guilty in Newnan?
13 A. Yes, I was.
14 Q. He was given a probationary sentence, was he not?
15 A. Yes, he was.
16 Q. And ordered to undergo some counseling and family
17 services type counseling, is that a fair statement?
18 A. Yes.
19 MR. LAUGHRUN: Thank you, Judge Potter.
20 MR. WALKER: Your Honor, I neglected to ask him --
21 REDIRECT EXAMINATION
22 BY MR. WALKER:
23 Q. Newnan, Georgia is about 30 miles south of Atlanta, is
24 that right?
25 A. Approximately 45 south of Atlanta, yes.
88
1 MR. WALKER: That's the only question I had for him.
2 THE COURT: Thank you, sir, come down. Call your next
3 witness.
4 MR. WALKER: Your Honor, we would call Natasha Heard.
5 NATASHA HEARD,
6 being first duly sworn, was examined and testified as follows:
7 DIRECT EXAMINATION
8 BY MR. WALKER:
9 Q. Natasha, I'm going to get you to sit back in that chair,
10 sit up straight if you would, and then that microphone in front
11 of you is very sensitive, so just talk in your normal tone of
12 voice so that all of the members of the jury can hear you.
13 Would you tell us your full name and spell your last
14 name?
15 A. Natasha Heard, H-E-A-R-D.
16 Q. Okay. Natasha, how old are you right now?
17 A. 23.
18 Q. Do you live in Newnan, Georgia?
19 A. Yes, I do.
20 Q. Do you know the defendant in this case, Mark Barnette?
21 A. Yes, I'm the mother of his children.
22 Q. Pardon me?
23 A. I'm the mother of his children.
24 Q. How many children do you have with the defendant?
25 A. Two.
89
1 Q. When was last time you saw the defendant?
2 A. Maybe five years, six years ago.
3 Q. What are the names of the children that you had with the
4 defendant?
5 A. Angelica Heard and Aquilia Heard.
6 Q. How old are your two kids now?
7 A. Six and seven.
8 Q. Do you remember where you were living -- were you living
9 in Newnan, Georgia when you first met the defendant?
10 A. No.
11 Q. Where were you living?
12 A. In Lithonia.
13 Q. Lithonia, Georgia?
14 A. Yes.
15 Q. Where is Lithonia, Georgia in relation to Atlanta,
16 Georgia?
17 A. Maybe 20 miles.
18 Q. And how close is Lithonia, Georgia to Newnan, Georgia?
19 A. I would say 45 miles.
20 Q. You were living in Lithonia, were you living in a house
21 or an apartment when you first met the defendant, what were you
22 living in?
23 A. Apartments.
24 Q. How old were you when you met him?
25 A. 14.
90
1 Q. Did you continue to live in Atlanta after you first met
2 the defendant or at some point, did you move?
3 A. At some point, I moved.
4 Q. After you first met the defendant, describe to the jury
5 what kind of relationship, did you have a dating relationship
6 with him right off the bat or what happened?
7 A. Yes, I did.
8 Q. And then at some point, you say you moved. Where did
9 you move to?
10 A. Coweta County.
11 Q. You moved to Newnan, is that right?
12 A. Yes.
13 Q. And do you have relatives in Newnan?
14 A. Yes.
15 Q. I believe your grandmother lived in Newnan at the time
16 that you moved from Lithonia?
17 A. Yes.
18 Q. What was your -- were you dating the defendant then when
19 you moved to Newnan?
20 A. Yes, I was.
21 Q. You were?
22 A. Uh-huh.
23 Q. Were you just dating him exclusively?
24 A. Yes.
25 Q. Sometime after you moved to Newnan well, let me first
91
1 ask you this. When you first moved to Newnan, who were you
2 living with?
3 A. My grandmother.
4 Q. Sometime after that, did you move out of your
5 grandmother's house?
6 A. Yes, I did.
7 Q. And did you move into another residence?
8 A. Yes, I did.
9 Q. Was that an apartment or a house?
10 A. It was an apartment.
11 Q. And did the defendant ever come live with you at that
12 apartment?
13 A. Yes, we did.
14 Q. Had you already had your two children with the defendant
15 at that point, or tell us if you could the time sequence of how
16 that occurred.
17 A. Angelica was born and Mark was born and then we moved
18 in.
19 Q. Okay. To the apartment in Newnan?
20 A. Yes.
21 Q. What were the names of those apartments?
22 A. Chestnut Lane.
23 Q. Who all lived at the apartment other than you and the
24 defendant, your two kids?
25 A. Yes.
92
1 Q. So there were four of you altogether?
2 A. Yes.
3 Q. Describe if you would to the members of the jury how you
4 would characterize your relationship with Mark Barnette.
5 A. Nervous.
6 Q. Why do you say nervous?
7 A. Because he made you nervous.
8 Q. What would he do to you, if anything?
9 A. He would hit me.
10 Q. Where would he hit you?
11 A. All over.
12 Q. How would he hit you, he'd hit you with his fists?
13 A. Yes.
14 Q. Was there a particular incident in particular when you
15 were pregnant with one of your kids that you remember?
16 A. Yes.
17 Q. Will you tell the members of the jury what he did to you
18 on that occasion?
19 A. Well, we had got to arguing and I was getting off the
20 bus, and next thing I know, he picked me up and slammed me on
21 the concrete.
22 Q. And you were pregnant at the time?
23 A. Yes, I was.
24 Q. Which child were you pregnant with at that point?
25 A. Angelica.
93
1 Q. After that incident, did you see the defendant later on
2 that night? Tell the jury what happened that night when he
3 slammed you onto the concrete.
4 A. Yes. He came over to my house, well, to the window, and
5 I opened the window and he was like, what is going on, and I had
6 told him that I went to the hospital, because I wanted to see
7 was he sorry for doing it.
8 Q. Had you really gone to the hospital?
9 A. No.
10 Q. So you lied to him?
11 A. Yes.
12 Q. Why did you -- tell the jury why you told him you had
13 gone to the hospital when you really hadn't gone?
14 A. To see if he cared.
15 Q. And what, if anything, did he say to you when you told
16 him you'd gone to the hospital?
17 A. I don't remember. I don't think he said anything.
18 Q. You said the last time you saw the defendant was five
19 years ago, is that right?
20 A. Yes.
21 Q. Has he called you in the last five years?
22 A. One time, yes.
23 Q. And was that after he was arrested for the murders of
24 Donnie Allen and Robin Williams?
25 A. No.
94
1 Q. So he's called one time in the last five years?
2 A. Yes.
3 Q. Does he call on Christmas day?
4 A. No, sir.
5 Q. Does he call on your children's birthday?
6 A. No.
7 Q. Does he call on Thanksgiving?
8 A. No.
9 Q. Does he send you money in the mail?
10 A. No.
11 MR. WALKER: I don't have any further questions, Your
12 Honor.
13 THE COURT: Cross?
14 CROSS-EXAMINATION
15 BY MR. WILLIAMS:
16 Q. Natasha, you remember me, I'm Paul Williams, I met you
17 in Newnan, Georgia, matter of fact, the day after Christmas, we
18 chatted over lunch, didn't he?
19 A. Yes.
20 Q. I want to go into some more detail with your
21 relationship with Mark, appreciate you answering these
22 questions. When you first met Mark, it was what, 1989, you
23 think?
24 A. Yes.
25 Q. Was it -- is it hard to remember dates and things for
95
1 you?
2 A. Yes.
3 Q. Okay. Was it warm when you met him?
4 A. Yes.
5 Q. Were you 14 years old when you met him?
6 A. Yes, sir, I was.
7 Q. And you met him at a swimming pool outside when it was
8 warm, is that right?
9 A. That's correct.
10 Q. And Mark was by himself?
11 A. Yes.
12 Q. And this was in Lithonia, is that correct?
13 A. Yes.
14 Q. And you were in the 8th grade and he was in the 11th
15 grade, is that correct?
16 A. Yes.
17 Q. And I believe that at the time, Mark was living with his
18 mother and his brother Mario in some apartments in Lithonia, is
19 that correct?
20 A. That's correct.
21 Q. And at the time when you met him, that you and your --
22 were living in Lithonia with your mother and your sister?
23 A. Yes.
24 Q. And when you first met Mark, is it fair to say that you
25 and he were best buddies?
96
1 A. Yes, it was.
2 Q. Is that the term you used to me when you described it?
3 A. (Nods head.)
4 Q. What did you -- when you first met him, did you learn
5 from Mark that was he quiet or was he outgoing?
6 A. He was quiet.
7 Q. Pretty quiet person?
8 A. Uh-huh.
9 Q. Did he have a portfolio with him that had some art that
10 he had drawn?
11 A. Yes.
12 Q. And did he show you the art that he had drawn?
13 A. Yes.
14 Q. Did he also like model cars?
15 A. Yes.
16 Q. Would he build model cars as one of his hobbies?
17 A. Yes.
18 Q. And would show that to you and that was part of your
19 relationship?
20 A. Yes.
21 Q. Even though he was kind of quiet, you were more
22 outgoing, is that correct?
23 A. Yes.
24 Q. And the incident that you talked about, and I'm asking
25 these questions not to -- just to explain, not to excuse
97
1 anything, but the incident that you talked about when you were
2 pregnant, you and Mark had been in underground Atlanta at the
3 time, is that correct?
4 A. That's correct.
5 Q. And Mark had talked to a girl or some girl had talked to
6 him while you were there, is that correct?
7 A. That's correct.
8 Q. And there was an argument because of that?
9 A. That's right.
10 Q. And then I believe you told me that as a result of that
11 argument, you slapped him?
12 A. Yes, I did.
13 Q. And at the time, then you took the bus back to Lithonia
14 and you were talking to some friend on the bus that you knew but
15 Mark didn't know, is that correct?
16 A. That's correct.
17 Q. And as a result of you talking with the friend on the
18 bus, Mark became angry?
19 A. Yes.
20 Q. He became jealous?
21 A. Yes.
22 Q. And when you got off the bus, there was a further
23 argument and he threw you on the ground as you have testified,
24 is that right?
25 A. That's correct.
98
1 Q. Mark wouldn't let you wear makeup, would he?
2 A. No.
3 Q. Did he ever tell you why?
4 A. No.
5 Q. On numerous occasions, Mark would accuse you of being
6 unfaithful, wouldn't he?
7 A. Yes.
8 Q. And when Mark would assault you or hit you or strike you
9 as you have told the jury, this was sort of normal, I mean, you
10 thought this was sort of normal you told me, isn't that correct?
11 A. That's correct.
12 Q. Tell the jury why you thought that was sort of normal
13 behavior.
14 A. I thought it was normal behavior because my mother and
15 father was in an abusive relationship.
16 Q. And you -- the relationship you had been in, your father
17 beat your mother?
18 A. Yes.
19 Q. Beat you?
20 A. Yes.
21 Q. Beat your sister?
22 A. Yes.
23 Q. So this relationship that developed with Mark and what
24 was going on in that relationship was something sort of normal
25 to you?
99
1 A. Yes.
2 Q. But it still made you very upset obviously and made you
3 very nervous, isn't that correct?
4 A. Yes.
5 Q. You had some disagreements with your mom over this
6 relationship with Mark, is that correct?
7 A. Yes.
8 Q. And she thought you were sort of antisocial?
9 A. Yes.
10 Q. And you would go to your room and watch TV and Mark
11 would sneak into your room, wouldn't he?
12 A. Yes.
13 Q. And when he would sneak into your room while watching
14 TV, did you guys have sex then?
15 A. Yes.
16 Q. And sometimes when Mark would sneak into your room, you
17 and Mark would go into the closet, wouldn't you?
18 A. Yes.
19 Q. And you guys would sit in the closet, is that correct?
20 A. Yes.
21 Q. And sometimes when you were sitting in the closet in
22 your room, Mark would begin to cry?
23 A. Yes.
24 Q. And how often would he cry when he was in that closet?
25 A. I would say maybe twice a week.
100
1 Q. Twice a week. And when he was in that closet crying
2 twice a week, he would tell you about his family, wouldn't he?
3 A. Yes.
4 Q. And you would tell him about your family, correct?
5 A. Correct.
6 Q. And you and he would talk about, I believe you told me,
7 how we were done when we were young, is that a fair statement?
8 A. That's a fair statement.
9 Q. And what you meant by that was what, tell the jury what
10 you meant by that, what you guys were talking about.
11 A. Things we went through, like parents fighting and
12 getting beat and things of that nature.
13 Q. Okay. And did Mark ever talk to you during those times
14 about how there was no food in the house?
15 A. I believe so, but my memory is not that good.
16 Q. Did he talk about his daddy?
17 A. Yes, he loved Derrick.
18 Q. He loved Derrick very much, didn't he?
19 A. Yes, he did.
20 Q. And he told you that he wanted to see his father while
21 he was in this relationship with you, that he wanted to see his
22 father but couldn't?
23 A. Yes.
24 Q. And he also told you that he was mad with his mother
25 because she never had time with him, is that true?
101
1 A. Yes.
2 Q. Is that what you told me?
3 A. Yes.
4 Q. Is that a fair statement, is that true, what he told
5 you?
6 A. Yes.
7 Q. Did you ever go over to the apartment where he and his
8 mother and Mario lived?
9 A. Yes, I have.
10 Q. Was there food in the house?
11 A. No.
12 Q. Was there liquor in the house?
13 A. Yes.
14 Q. How much liquor?
15 A. I don't know exactly how much, but I know that I seen
16 like wine bottles or whatever in the fridge, but not food.
17 Q. When you'd go over to the apartment where Mark and his
18 brother Mario were, Sonia would stay in her room, wouldn't she?
19 A. Yes.
20 Q. And during the time that you would go over there, you
21 would see his mother get drunk, wouldn't you?
22 A. No, I wouldn't say that, because I -- no.
23 Q. Well, did you say she was -- did you tell me she was
24 tipsy?
25 A. Yes, I told you she was tipsy.
102
1 Q. Did you tell me that she was always drinking wine?
2 A. Yeah.
3 Q. Is that a fair statement?
4 A. That's a fair statement.
5 Q. Did Mark ever tell you that his mama whipped him with an
6 extension cord?
7 A. Not to my memory.
8 Q. You were together about three or four years, is that
9 right?
10 A. Yes.
11 Q. Would you say there was -- when you were in the house
12 with his mother, was there constant drinking, alcohol?
13 A. Say that again.
14 Q. Was there a lot -- was it a fact that when you were in
15 the house where Mark lived with his mother, did you see a lot of
16 evidence of drinking alcohol?
17 A. Yes.
18 Q. You did?
19 A. Yes.
20 Q. And when you first met with Mark and first got to know
21 him, the relationship was good at the beginning, wasn't it?
22 A. Yes.
23 Q. And he was attentive to your needs?
24 A. Yes.
25 Q. To begin with?
103
1 A. Yes.
2 Q. And then something happened, something changed, didn't
3 it?
4 A. Yes.
5 Q. When you all were dating, did he drop out of school?
6 A. Yes, he did.
7 Q. Did he get a job?
8 A. No.
9 Q. Did you beg him to get a job?
10 A. No.
11 Q. Did you ever see any evidence of Mark being involved
12 with alcohol or drugs?
13 A. No.
14 Q. So he wasn't involved with alcohol or drugs, but his
15 mother was?
16 A. Yes.
17 Q. Or at least alcohol?
18 A. Yes.
19 Q. There was about four months' time between the time that
20 you met and you got pregnant, isn't that right?
21 A. Yes.
22 Q. And when you first got pregnant, Mark was, would you
23 describe him as being very affectionate towards you when you got
24 pregnant, at the beginning?
25 A. Yes. (Nods head.)
104
1 Q. Was he happy about Angelica coming into the world?
2 A. I don't remember.
3 Q. He helped you paint the room?
4 A. Yeah.
5 Q. He helped you set up the nursery?
6 A. Yes.
7 Q. He was excited at first about having a child, wasn't he?
8 A. Yeah, I guess.
9 Q. And shortly after she was born, then he changed, didn't
10 he?
11 A. Yes.
12 Q. Was he affectionate with Angelica?
13 A. Yes.
14 Q. Was he there when she was born?
15 A. Yes, he was.
16 Q. Did he do something about a newspaper when Angelica was
17 born, was there something about a newspaper that you recall?
18 A. Yes. He went out and bought the, I think the first
19 edition, morning edition news and kept it as a keepsake so when
20 she got older, that she could look back and see what was going
21 on that day she was born.
22 Q. So is it fair to say that when she was born, he went out
23 and bought the newspaper and wanted Angelica to know what was
24 going on in the world the day that she was born when she grew
25 up, is that correct?
105
1 A. (Nods head.)
2 MR. WILLIAMS: Approach the witness, Your Honor?
3 THE COURT: Yes, sir.
4 BY MR. WILLIAMS:
5 Q. Natasha, I'm going to hand you what appears to be a
6 newspaper, and it's marked for the purposes of identification as
7 Defendant's Exhibit Number 40. First, tell me what that exhibit
8 is.
9 A. It's the newspaper that he bought the day that she was
10 born.
11 Q. What is the date on the newspaper?
12 A. September 29, 1990.
13 Q. Did he tell you he was going to save that newspaper?
14 A. Yes.
15 Q. When little Mark was born, and I believe you referred to
16 him as little Mark?
17 A. Uh-huh.
18 Q. He was about two months old when you and Mark Barnette,
19 seated next to me, separated, correct?
20 A. Uh-huh.
21 Q. Angelica is now how old?
22 A. Seven.
23 Q. How is she doing?
24 MR. CONRAD: Objection.
25 MR. WALKER: Objection.
106
1 THE COURT: Sustained.
2 BY MR. WILLIAMS:
3 Q. Mark is how old, little Mark?
4 A. He is six.
5 Q. Has she developed any problems -- has he developed any
6 problems?
7 MR. WALKER: Objection.
8 THE COURT: Sustained. That really has no relevance in
9 this.
10 BY MR. WILLIAMS:
11 Q. Did you know about a person named Anthony Britt?
12 A. Yes.
13 Q. Is it true that Anthony Britt is now dead?
14 A. Yes.
15 Q. And did he die from being shot?
16 A. Yes.
17 Q. And is it true that you and I talked about Anthony Britt
18 when I came down there to see you?
19 A. Yes.
20 Q. Isn't it true that you described him as a big, bad
21 bully?
22 A. Yes.
23 Q. And you described him to me that he jumped on the wrong
24 person one too many times?
25 A. Yes.
107
1 Q. And as a result of that, he was shot and killed
2 recently, wasn't he?
3 A. Yes.
4 Q. About how long ago?
5 A. Two months.
6 Q. And Anthony Britt and Mark Barnette, seated next to me,
7 were involved in some difficulty at one time, weren't they?
8 A. Yes.
9 Q. And you knew about that?
10 A. After.
11 Q. After it happened?
12 A. Uh-huh.
13 Q. And to give the jury a sense of the relationships here,
14 isn't it true that you were dating or living with Mark Barnette?
15 A. Yes.
16 Q. And somehow he began to start dating Crystal, is that
17 correct?
18 A. Correct.
19 Q. And that's Crystal Dennis?
20 A. Yes.
21 Q. And it's true, is it not, that Anthony Britt introduced
22 Mark Barnette to Crystal Dennis?
23 A. Yes, it is.
24 Q. And you learned, did you not, that the reason that
25 Anthony Britt introduced Mark to Crystal Dennis or Crystal
108
1 Dennis to Mark was so that Anthony Britt could start seeing you
2 and date you?
3 A. Yes, it is.
4 Q. And there was some -- this relationship between you and
5 Anthony Britt and Crystal Dennis sort of developed into a feud,
6 didn't it?
7 A. Yes.
8 Q. And as a result, Mark was charged with doing something
9 or was involved in an incident doing something to Anthony Britt,
10 wasn't he?
11 A. Yes.
12 Q. And after you and Mark Barnette split up, Crystal Dennis
13 moved in, didn't she?
14 A. Yes.
15 Q. Mark Barnette was never abusive to his children, was he?
16 A. No.
17 Q. He never hit or was abusive to Angelica or little Mark?
18 A. No.
19 Q. Do you now want --
20 MR. CONRAD: Objection.
21 THE COURT: Well, wait until he gets the question.
22 MR. CONRAD: I would ask that the question be proffered
23 to the Court outside the presence of the jury.
24 THE COURT: All right.
25 (Bench conference not recorded.)
109
1 THE COURT: Do you have any further questions of this
2 witness?
3 MR. WILLIAMS: One moment, Your Honor.
4 BY MR. WILLIAMS:
5 Q. Isn't it true that you brought the children up to
6 Charlotte, North Carolina to spend a considerable amount of time
7 with their father?
8 A. Yes.
9 Q. Do you remember what year that was?
10 A. No.
11 Q. Do you remember whether or not you volunteered to do
12 that or whether Sonia, his mother, Mark Barnette's mother,
13 requested that or Mark requested that, do you remember how that
14 came about?
15 A. I think she requested it.
16 Q. And you actually brought the children to Mark's home
17 here in Charlotte and they stayed with he and his mother for
18 about three or four months?
19 A. Yes.
20 Q. Do you remember if that was in 1994 or 1995?
21 A. I don't remember.
22 MR. WILLIAMS: I believe that's all at this time, Your
23 Honor.
24 THE COURT: Redirect?
25 MR. WALKER: Briefly.
110
1 REDIRECT EXAMINATION
2 BY MR. WALKER:
3 Q. Ms. Heard, you indicated the other day when I talked to
4 you about this that you had, quote, blocked a lot of this out,
5 end quote, do you remember telling me that?
6 A. Yes.
7 Q. Tell the members of the jury what you mean by that.
8 A. I've been through so much that I just blocked it out.
9 Q. Did you ever see the defendant drink alcohol around you?
10 A. No.
11 Q. Did he ever even talk about drinking alcohol?
12 A. No.
13 Q. Did he ever use illegal drugs?
14 A. No.
15 Q. Did he ever even talk about using illegal drugs?
16 A. No.
17 MR. WALKER: May I have just a moment, Your Honor.
18 BY MR. WALKER:
19 Q. You are raising your kids, is that right?
20 A. That's right.
21 Q. Have you ever beaten them with a metal coat hanger?
22 A. No.
23 MR. WALKER: I don't have any other questions, Your
24 Honor.
25 THE COURT: Thank you, come down. You might want to
111
1 speak to your attorneys just a minute on the way out,
2 please -- not your attorneys, but the defendant's.
3 Ms. Heard, go over here and speak to Mr. Laughrun just a
4 minute.
5 Ready for your next witness?
6 MR. WALKER: We are, Your Honor.
7 THE COURT: Call your next witness.
8 MR. WALKER: Your Honor, the government would call
9 Crystal Dennis.
10 CRYSTAL DENNIS,
11 being first duly sworn, was examined and testified as follows:
12 DIRECT EXAMINATION
13 BY MR. WALKER:
14 Q. Crystal, I'm going to tell you that that microphone is
15 kind of sensitive in front of you, so if you'll just sit up
16 straight in the chair and talk in your normal tone of voice,
17 that will pick it up pretty good.
18 Would you state your full name, please?
19 A. Crystal Elaine Dennis.
20 Q. And Ms. Dennis, how old are you right now?
21 A. 24.
22 Q. You live in Newnan, Georgia, is that right?
23 A. Yes, I do.
24 Q. Have you lived in Newnan, Georgia your entire life?
25 A. Yes, I have.
112
1 Q. What do you do down there for a living?
2 A. I work at Payless Shoe Stores.
3 Q. Do you know the defendant in this case, Mark Barnette?
4 A. Yes, I do.
5 Q. When was it when you first met Mark Barnette?
6 A. I think it was the spring of 1992.
7 Q. Do you remember meeting him?
8 A. Yes, I do.
9 Q. If you would, I'm going to get you to speak up just a
10 little bit, would you tell the members of the jury what you
11 remember about your first meeting of the defendant?
12 A. Well, when I first met him, he was sweet. But
13 afterwards, I moved in with him, he was a cold hearted mother
14 fucker, he was just -- he was real cold hearted.
15 Q. Let me back up just a little bit. Do you remember, was
16 there an incident when -- did you start dating him right off the
17 bat or tell the jury about that, was there some time period
18 before you started dating him?
19 A. Well, we really didn't start dating until after him and
20 Natasha was finished, and that's when we seriously got involved.
21 Q. Did you move in with him?
22 A. Yes, I moved in with him.
23 Q. Was that at some apartments in Newnan?
24 A. Uh-huh.
25 Q. Tell the jury the name of the apartments.
113
1 A. It was Chestnut Lane Apartments.
2 Q. Was that in the summer of 1992?
3 A. Yes, it was.
4 Q. Crystal, you have -- you had at the time two children?
5 A. Yes.
6 Q. Now, those children were not by the defendant, is that
7 right?
8 A. No, huh-uh.
9 Q. So you -- had you already had those two kids at the time
10 that you moved in with the defendant?
11 A. Yes, I did.
12 Q. How old are your two kids now?
13 A. My daughter is ten and my son is eight.
14 Q. And what are their names?
15 A. Jessica and Mario.
16 Q. Describe if you would your relationship with the
17 defendant when you first moved in with him.
18 A. When I first moved in with him, you know, everything was
19 fine. I would say probably three to six months afterward, it
20 went real bad. He was cold hearted.
21 Q. Let me ask you some questions about that. Was he ever
22 violent towards you?
23 A. Yes, he was.
24 Q. Tell the jury how he was violent towards you.
25 A. Well, it started off with just the little things as far
114
1 as like the clothes I wear, as far as getting in the bathtub,
2 stuff like that, he would come in the bathroom, he would stick
3 his fingers in me, he said that he thought I was messing around
4 on him or --
5 Q. He thought you were cheating on him?
6 A. Yeah.
7 Q. Were you?
8 A. No.
9 Q. Did he ever hit you?
10 A. Yeah, we -- well, he would jump on me occasionally. It
11 had got to where he would start beating on me probably twice a
12 week.
13 Q. Where would he hit you?
14 A. Anywhere he could, face, if he could kick me if I balled
15 up to keep him from blacking my eyes, he would kick me, you
16 know.
17 Q. I want to turn your attention to January the 23rd of
18 1993. You were living with him at that apartment back on the
19 23rd of January of 1993, right?
20 A. Uh-huh.
21 Q. That morning on January the 23rd, did you have a
22 conversation with your son, Mario?
23 A. Yes, I did.
24 Q. Tell the jury how that happened.
25 A. I was in my room asleep and Mark had left, and my son
115
1 and my daughter came into the room, and my son told me that Mark
2 had whipped him with a clothes hanger. And I asked him why did
3 he whip him, and he said it was because they didn't eat all of
4 their food.
5 Q. He said that he had whipped them because they didn't eat
6 all of their food?
7 A. Uh-huh.
8 Q. What did you do when they told you that?
9 A. I was upset. When Mark came home, I questioned him
10 about it. He wound up jumping on me, started beating on me,.
11 It was terrible that -- I asked him to leave, he wouldn't
12 leave. That whole night, we was fighting. So the next day, I
13 had to go to work. I sent my kids to my mom's house where they
14 could tell my mom what was going on.
15 Q. Did there come a point where you talked to a Captain
16 James Yarbrough with the Newnan Police Department?
17 A. Yes.
18 Q. Tell the members of the jury how that happened.
19 A. Well, that was the next day after he done what he done
20 to the kids. We -- I had to -- well, my mom called the police.
21 They came over to the apartment, and when they got there, Mark
22 had left. He had took someone on a high speed chase on the
23 road. He had took my keys and the car that I had bought. He
24 had left the apartment and he went to Atlanta. I think his mom
25 was living in Atlanta at the time, he went there. And when he
116
1 got there, the police came over and they asked me, you know, he
2 was going to call back and I had to go to my mom's house,
3 because that's the only way he could reach me was that number.
4 So they, I guess how you put it, they had the phone
5 where they could hear his conversation or whatever and they had
6 me to sweet talk him into coming back where I'd be able to get
7 my car back and where they could lock him up for what he did
8 with the kids.
9 So when I talked to him, I sweet talked him into coming
10 back, and when he got back, that's when I called the police and
11 they locked him up.
12 Q. Do you remember speaking with Captain Yarbrough about
13 all of those events?
14 A. Uh-huh. They took photographs. My face was swollen
15 where he had hit me in my face. They took photographs of my
16 kids where he had beat them with the clothes hanger. My son had
17 scars on his back. My daughter had scars also from where he
18 beat them.
19 MR. WALKER: Your Honor, I passed 52A through 52H to the
20 jury. May I retrieve that?
21 THE COURT: Yes.
22 BY MR. WALKER:
23 Q. Crystal, I'm going to show you these photographs, 52A
24 through 52H. 52A, that's you sitting on the couch, is that
25 right?
117
1 A. Yes, it is].
2 Q. Now, 52B, which -- that is your son, Mark?
3 A. That's my son, Mario.
4 Q. And then 52D, is that your son, Mario, also?
5 A. Yes, that's Mario.
6 Q. And lastly, the last two photographs are of you, is that
7 correct?
8 A. Uh-huh.
9 MR. WALKER: I don't have any other questions, Your
10 Honor.
11 CROSS-EXAMINATION
12 BY MR. LAUGHRUN:
13 Q. Ms. Dennis, when Mark got arrested, do you know an
14 individual named Anthony Ball?
15 A. Anthony who?
16 Q. Ball?
17 A. Yes, I do, that's my cousin.
18 Q. And you helped pay some money to Anthony Ball to help
19 Mark get out of jail, didn't you?
20 A. Anthony Ball? No, I didn't help pay any money.
21 Q. To help him get out of jail?
22 A. No.
23 Q. Now, you didn't go to court with Mark when he was
24 sentenced, did you?
25 A. Excuse me?
118
1 Q. Did you go to court with Mark when he was sentenced for
2 these charges?
3 A. No, I didn't.
4 Q. After he was sentenced, he was put on probation, wasn't
5 he?
6 A. I guess, I don't know, I didn't go with Mark to hear all
7 of that.
8 Q. And he came back and lived with you, didn't he?
9 A. He came back to my apartment on the understanding he
10 would call somebody to get his things to leave.
11 Q. Stayed there about a month before he left, didn't he?
12 A. No, he didn't.
13 Q. How long did he stay there before he left, ma'am?
14 A. It was probably about a week after that.
15 Q. Okay. Now, Mark never did alcohol or drugs, did he?
16 A. Mark drunk alcohol, but it wasn't every day, no.
17 Q. Do you recall telling our investigator on October 22nd,
18 1997 that, quote, neither you nor Mark did drugs nor drank, do
19 you recall telling Cindy Maxwell that by telephone on
20 October 22nd, 1997?
21 A. Cindy Maxwell never asked me did I do drugs, and no, I
22 don't do drugs.
23 Q. So if she said that you told her neither you nor Mark
24 did drugs or drank, she would be mistaken, is that correct?
25 MR. WALKER: Well, objection.
119
1 MR. LAUGHRUN: Cross-examination, Your Honor.
2 THE COURT: Overruled.
3 BY MR. LAUGHRUN:
4 Q. Did you tell her that or do you not recall?
5 A. I told her neither one of us did drugs, that's what I
6 told her.
7 Q. Did she ask you if you drank and you told her you didn't
8 drink?
9 A. That's right.
10 Q. And she asked you if Mark drank and you said Mark didn't
11 drink?
12 A. That's correct.
13 Q. Now, how long did you and Mark live together before the
14 relationship started going bad?
15 A. It was probably three to six months.
16 Q. Very first three to six months, I think you described
17 him as the perfect boyfriend, is that right?
18 A. True.
19 Q. During that period of time?
20 A. Uh-huh.
21 Q. And something happened, right?
22 A. Excuse me?
23 Q. Something changed, didn't it?
24 A. Yeah.
25 Q. Did you think Mark was very immature?
120
1 A. I don't think Mark was -- he wasn't immature, he was
2 just very possessive to controlling.
3 Q. Very childish in that regard?
4 A. No, he didn't act childish, he didn't act childish.
5 Q. Very possessive of you?
6 A. Yeah, very possessive of me.
7 Q. Worried about you cheating on him, running around with
8 other people, is that right?
9 A. No, he wasn't worrying about me cheating on him.
10 Q. He accused you of that, didn't he?
11 A. He accused me of that, yes.
12 Q. And was very jealous of you?
13 A. Yes, very jealous.
14 Q. And worried if you were out, he didn't know where you
15 were, he thought you were cheating on him, didn't he, I mean,
16 you weren't, but he thought that, didn't he?
17 A. I don't know what he was thinking, because if I left the
18 house and he called home, he would get off work coming looking
19 for me, but he knew where I was.
20 Q. He accused you of cheating on him, didn't he?
21 A. Yes, he did.
22 Q. Over and over and over?
23 A. No, not over and over and over, he didn't.
24 Q. Many times he accused you of that, didn't he?
25 A. Yes, he did.
121
1 Q. So much so that he would spy on you, didn't he?
2 A. No, I never known of him spying on me, no.
3 Q. You didn't tell an investigator that he would get off
4 work and go home to spy on you at your home and at your job?
5 A. I didn't say he was spying on me, I said he would come
6 looking for me.
7 Q. And he also made sure that you wouldn't leave the house
8 when he was at work, isn't that correct?
9 A. He took the door keys in case if I left, he knew I would
10 lock the door so no one else would come in the apartment. And I
11 had no way else of getting in the house.
12 Q. Now, you know about Anthony Britt?
13 A. Yes, Anthony Britt is my brother.
14 Q. And Anthony is deceased, is he not?
15 A. Yes, he is.
16 Q. About two months ago, he was shot and killed, is that
17 right?
18 A. Uh-huh.
19 Q. In an incident, he got in a fight with some other
20 people, is that correct?
21 A. Well, I really don't know too much what went down with
22 that.
23 Q. And when you first met Anthony Britt, Mark was still
24 seeing Tasha, is that right?
25 A. Correct.
122
1 Q. And Anthony wanted to date Tasha, is that right?
2 A. From what my understanding was, yes.
3 Q. And Anthony introduced you to Mark, is that right?
4 A. Correct.
5 Q. And at one time, Anthony and Mark were best friends,
6 weren't they?
7 A. Yes, they were.
8 Q. And Anthony is your half-brother, is that right?
9 A. Uh-huh.
10 Q. Do you know who Kawana Dozier is?
11 A. Who?
12 Q. Kawana Dozier, who Mark used to work with?
13 A. Yes, that was his, I guess his manager.
14 Q. And that was the manager of where he worked down in
15 Newnan, is that right?
16 A. Uh-huh.
17 Q. Where did he work down in Newnan, Crystal?
18 A. Arby's.
19 Q. How long did he work there?
20 A. I don't know. He was working there when I met him, but
21 I don't know how long he'd been there.
22 Q. And was Kawana working there with him at Arby's?
23 A. I guess so, uh-huh.
24 Q. Did you ever know him to work at Blockbuster in Newnan?
25 A. Uh-huh.
123
1 Q. Video store?
2 A. Uh-huh.
3 Q. Crystal, did -- you found out that Mark was seeing
4 Kawana Dozier, is that right?
5 A. Well, Mark had told me -- I didn't know if they was
6 fooling around. All I know is I come home to get ready to do
7 laundry, and one of the clothes basket was gone and his clothes
8 was not there. And I asked him about that, and he told me that
9 she washed his clothes.
10 Q. And he wanted to end the relationship with you to see
11 Kawana Dozier, is that right?
12 A. No, he never said that to me.
13 Q. Never said that to you?
14 A. Never.
15 MR. LAUGHRUN: Thank you, Judge Potter.
16 THE COURT: Redirect?
17 MR. WALKER: May I have just a moment, Your Honor?
18 (Pause.)
19 MR. WALKER: I don't have any other questions.
20 THE COURT: Thank you, come down. Call your next
21 witness.
22 MR. WALKER: Your Honor, the government calls Lieutenant
23 Rodney Riggs.
24 RODNEY FREEMAN RIGGS,
25 being first duly sworn, was examined and testified as follows:
124
1 DIRECT EXAMINATION
2 BY MR. WALKER:
3 Q. Sir, would you state your full name and tell us what you
4 do for a living?
5 A. Rodney Freeman Riggs, I'm a detective with the Newnan,
6 Georgia Police Department.
7 Q. And I believe you are a lieutenant with the police
8 department there, is that right?
9 A. Yes, sir, that's correct.
10 Q. How long have you been a police officer?
11 A. 23 years.
12 Q. Back in May of 1992, were you at that time employed as a
13 sergeant with the Newnan Police Department?
14 A. Yes, sir, I was.
15 Q. Pursuant to your duties at that time, did you have an
16 occasion to investigate various alleged crimes there in Newnan,
17 Georgia?
18 A. Yes, sir, I did.
19 Q. Did you on or about May 7th of 1992 have an occasion to
20 become involved in the investigation of the defendant in this
21 case, Aquilia Marcivicci Barnette?
22 A. Yes, sir, I did.
23 Q. What was the nature of that investigation, if you could
24 tell the jury?
25 A. On May 2nd, 1992, the Newnan Police Department was
125
1 called to a shooting incident at a railroad crossing on August
2 Drive. The victim, Anthony Britt, had indicated that he had
3 been in an argument with Mark Barnette and that Barnette had
4 shot him and that Barnette had then run off. About five days
5 later, I arrested Mark Barnette at his apartment in Chestnut
6 Lane Apartments and I interviewed him about that incident.
7 Q. Okay. When you arrested him, what exactly did you
8 arrest him for?
9 A. Charged him with misdemeanors of battery, reckless
10 conduct, pointing a gun at another, and discharging a firearm in
11 the city limits.
12 Q. Am he was ultimately convicted of those, is that
13 correct?
14 A. Yes, sir, he was.
15 Q. Where was Mr. Britt shot?
16 A. The bullet penetrated his arm and then it went into his
17 chest.
18 Q. When you talked to the defendant, did you tell him about
19 his Constitutional rights according to Miranda?
20 A. Yes, sir, I did.
21 Q. Told him he had a right to remain silent, he had a right
22 to a lawyer, and he didn't have to talk to you, is that right?
23 A. Yes, sir, I did.
24 MR. WALKER: May I approach the witness, Your Honor?
25 THE COURT: Yes.
126
1 BY MR. WALKER:
2 Q. Lieutenant, I'm going to show you 54A and 54B. First I
3 want to show you 54A and ask you, it consists of two pages, is
4 that the incident record that you completed concerning the
5 incident of the defendant shooting Anthony Britt?
6 A. Yes, sir, it is.
7 MR. WALKER: Your Honor, I would move admission of that,
8 Government's Exhibit 54A.
9 THE COURT: It will be admitted.
10 BY MR. WALKER:
11 Q. And also I want to show you 54B. It consists of two
12 pages, the first page being a waiver of counsel, the second page
13 is titled voluntary statement under arrest. Is that the waiver
14 of counsel form that you completed with the defendant and the
15 statement that you took from him?
16 A. Yes, sir, it is.
17 Q. Indicate to the members of the jury how you explained
18 his Miranda rights to him and what his response to each of those
19 rights were at the time you interviewed him.
20 A. Our department has a waiver of counsel form which has
21 the rights of the defendant at the time of being questioned by
22 the police, and I filled out one of those forms for
23 Mr. Barnette. The form reads, I, Mark Barnette, have been
24 informed by the undersigned law enforcement officers prior to
25 being questioned by them that I may remain silent and do not
127
1 have to make any statement at all, that any statement which I
2 might make can and will be used against me in court, that I have
3 a right to consult with an attorney before making any statement
4 and to have such attorney present with me while I'm making a
5 statement, that if I do not have enough money to employ an
6 attorney, I have a right to have one appointed by the Court free
7 of charge to represent me, to consult with him before making any
8 statement, and to have him present with me while I'm making the
9 statement, that if I request an attorney, no questions will be
10 asked me until an attorney is present to represent me, that I
11 can decide at any time to exercise these rights and not answer
12 any questions or make any statements.
13 Then there is a paragraph which reads, after having my
14 rights explained to me, I freely and voluntary waive my right to
15 an attorney, I am willing to make a statement to the officers, I
16 can read and write the English language and fully understand my
17 rights to an attorney, I have read this waiver of counsel and
18 fully understand it, no threats or promises have been made to me
19 to induce me to sign this waiver of counsel and to make a
20 statement to the officers. Then it is dated, the time is placed
21 there, and I asked the defendant to sign it if the defendant
22 understands those questions.
23 Q. And did he indicate to you that he understood those
24 rights?
25 A. Yes, sir, he did.
128
1 Q. Did he appear to be an intelligent person to you?
2 A. Yes, he did.
3 Q. Understood what you were saying?
4 A. Yes, sir.
5 Q. And did he agree to talk freely to you?
6 A. He did, sir.
7 Q. And now I'm going to turn your attention to the second
8 page of 54B.
9 MR. WALKER: And Your Honor, I would, I may not have
10 moved it, admission of 54B, I would do so at this time.
11 THE COURT: I think it has been. Let it be admitted.
12 BY MR. WALKER:
13 Q. Referring your attention to 54B, if you would, indicate
14 to the members of the jury what the defendant told you when he
15 was talking to you.
16 A. This is a voluntary statement form. Barnette and I had
17 discussed the incident, and after we discussed it, then I
18 reduced it to writing, that is, I typed the form as he was
19 present with me while I did this, and we discussed it as I typed
20 it. And the statement which he told me was this:
21 My fiancee, Natasha Heard, and I have been having some
22 trouble lately. Anthony Britt has been talking to her and that
23 has been making things worse. I have also been talking to
24 Anthony's sister, Crystal Dennis, and Anthony has been telling
25 her things about me. On Friday, May 1st after I got off work, I
129
1 went by Crystal's apartment on Hannah Street. While I was
2 there, Anthony came over. Several times that evening, Anthony
3 asked me to come outside with him. I never did because I had
4 nothing to say to him.
5 I finally left Crystal's apartment about 1:30 a.m. and
6 was walking home. When I got on Augusta Drive near the railroad
7 tracks, Anthony came out on the street and hollered at me. I
8 turned around and saw there were several other people with him.
9 Anthony came running up to me and started arguing with me. He
10 was telling me what he was going to do to me and said that I had
11 been talking about his son. I told Anthony I didn't want any
12 trouble and I kept walking. Anthony followed me and kept on
13 talking to me about my fiancee and about what he was going to do
14 to me. He finally got in front of me and I tried going around
15 him and he pushed me. I tried going around him a second time
16 and he pushed me again.
17 I had my pistol with me, and when he pushed me the
18 second time, I pulled my pistol and shot once and hit Anthony.
19 I shot two more times, but I didn't hit anybody. I was afraid
20 at that time because of the crowd that was with Anthony. When I
21 shot, the crowd took off running and I ran toward my apartment.
22 When I got near my apartment, I threw the gun into some woods.
23 The gun was a .22 caliber revolver.
24 Q. And then he signed the statement Mark Barnette?
25 A. Yes, sir, he did.
130
1 Q. And you also signed it as a witness and dated it at
2 11:07 a.m. on the 7th day of May of 1992, is that right?
3 A. That's correct.
4 Q. In the statement there three lines from the bottom, he
5 told you he was afraid?
6 A. Yes, sir.
7 Q. And you specifically wanted to know about the weapon
8 that he had used to shoot Anthony Britt and the whereabouts of
9 that weapon, is that right?
10 A. Yes, sir.
11 Q. And what was the story that he told you about that?
12 A. He said he threw it into the woods.
13 Q. Did you ever determine the caliber of weapon that he
14 used to shoot Anthony Britt?
15 A. It was .22 caliber.
16 Q. How did you figure that?
17 A. The bullet was retrieved from the victim Britt and we
18 could look at it and tell it was a .22 calendar.
19 Q. And Mr. Britt wasn't charged in this incident, is that
20 right?
21 A. Yes, he was charged with a disorderly conduct and
22 fighting.
23 Q. And he has since deceased recently, is that right?
24 A. That is correct.
25 MR. WALKER: I don't have any other questions, Your
131
1 Honor.
2 THE COURT: Defense?
3 CROSS-EXAMINATION
4 BY MR. LAUGHRUN:
5 Q. Lieutenant Riggs, tell us about what led to Mr. Britt's
6 demise if you would.
7 MR. WALKER: Objection.
8 MR. LAUGHRUN: Judge, they opened the door.
9 THE COURT: Overruled.
10 BY MR. LAUGHRUN:
11 Q. Tell us what led to his demise, Lieutenant Riggs.
12 A. He was in an altercation with another man concerning a
13 woman. The man was trying to leave an apartment complex and
14 Mr. Britt approached him, an argument ensured, gunfire took
15 place and Britt was killed.
16 Q. Now, when this incident took place, Mr. Barnette was
17 charged with, and educate me if you would, municipal court
18 violations?
19 A. That's correct.
20 Q. Misdemeanor charges?
21 A. Yes, sir.
22 Q. No felony charges were brought, is that right?
23 A. That's correct.
24 Q. In fact, you charged him with four separate violations,
25 is that correct, sir?
132
1 A. Yes, sir.
2 Q. And he was in jail the whole time until he came to
3 court, is that right?
4 A. Yes, sir, he was.
5 Q. And he came into court and pled guilty to a couple of
6 them, is that right?
7 A. Yes, sir.
8 Q. And got credit for time served, is that right?
9 A. Yes, sir.
10 Q. Which means he didn't have to do anything but go out of
11 jail, walk out of the jail, is that right?
12 A. He spent some time in jail.
13 Q. 23 days, is that a fair statement?
14 A. That's about right, yes, sir.
15 Q. Now, didn't have a lawyer with him, did he?
16 A. No, he did not.
17 Q. Came in on his own and said, I plead guilty, and the
18 judge gave him credit for time served, is that correct?
19 A. That's correct.
20 Q. Lieutenant, when you arrested him, I believe you
21 arrested him at a residence, is that right?
22 A. Yes, sir.
23 Q. Didn't give you any trouble?
24 A. That's correct, he did not.
25 Q. Cooperated with you?
133
1 A. Yes, sir.
2 Q. Told you it was a .22 caliber pistol?
3 A. He did.
4 Q. And that pistol was never found, was it?
5 A. No, sir, it was not.
6 Q. But the projective that was removed from Mr. Britt
7 matched up to a .22, is that correct?
8 A. Yes, sir, it did.
9 Q. Consistent with what the defendant told you?
10 A. That's correct.
11 Q. Now, I want to show you some documents marked
12 Defendant's Exhibits 48A through C inclusive.
13 MR. LAUGHRUN: If I could approach the witness, Your
14 Honor.
15 THE COURT: Yes, sir.
16 BY MR. LAUGHRUN:
17 Q. I'm going to show you what I have marked as Defendant's
18 Exhibit 48A. Does that appear to be the warrant that you
19 drafted for discharging a firearm in the City of Newnan,
20 Georgia?
21 A. Yes, sir, it does.
22 Q. And it appears to be certified under seal from the clerk
23 down there?
24 A. Yes, sir.
25 Q. Lieutenant, it's issued, I believe, May 6th '92, is that
134
1 right?
2 A. That's correct.
3 Q. And there is a judgment on there signed by, I believe a
4 recorders court judge, is that correct?
5 A. Yes, sir, it is.
6 Q. It says on there time served, is that right?
7 A. It does.
8 Q. Show you what is marked as Defendant's Exhibit B, and
9 ask you if that's the warrant you drew for battery, the same
10 incident?
11 A. Yes, sir, it is.
12 Q. And the judgment on there also signed by recorders court
13 judge, it says time served, is that right?
14 A. That's correct.
15 Q. Defendant's Exhibit 48C appears to be a warrant,
16 pointing a pistol at Anthony Britt, is that correct?
17 A. That's correct.
18 Q. And the same judgment, time served, is that right?
19 A. Yes, sir.
20 Q. Signed by recorders court judge?
21 A. Yes, it is.
22 Q. And May -- another warrant, Defendant's Exhibit 48D,
23 does that appear to be a reckless conduct warrant drafted by
24 you?
25 A. Yes, sir, it is.
135
1 Q. And that was dismissed, I believe, 6-1-92, is that
2 correct?
3 A. That's correct.
4 Q. With a signature by recorders court judge on there also?
5 A. Yes, sir.
6 Q. And on there, if I could, Lieutenant, on the back of
7 Defendant's Exhibit 48A through C, does it have a waiver where
8 the defendant pleads guilty without a lawyer on all of those
9 three exhibits?
10 A. Yes, sir, a waiver, and it's initialed by him, and it
11 indicates that he is pleading guilty.
12 Q. And didn't have a lawyer with him, I think you told us,
13 is that right?
14 A. That's correct.
15 Q. And it was also signed by the recorders court judge, is
16 that correct?
17 A. That's correct.
18 Q. Thank you, Lieutenant.
19 Did you ever, Lieutenant, answer any domestic calls at
20 the Crystal Dennis residence?
21 A. No, sir.
22 Q. Are you familiar with any of those in the Newnan Police
23 Department other than the ones involving her son?
24 A. No, sir, I'm not.
25 MR. LAUGHRUN: Thank you, Judge Potter.
136
1 THE COURT: Redirect?
2 REDIRECT EXAMINATION
3 BY MR. WALKER:
4 Q. One further question in response to one of
5 Mr. Laughrun's questions. The defendant told you he already had
6 the weapon with him, is that correct?
7 A. Yes, sir, he indicated that it was in his pocket.
8 MR. WALKER: That's the only other question I had, Your
9 Honor.
10 THE COURT: Thank you, sir, come down.
11 Members of the jury, we will take the morning recess at
12 this time. I have a matter to take up with the attorneys which
13 might take a little longer than the 15 minutes you usually have,
14 but hopefully not more than just a few minutes. Do not discuss
15 the case among yourselves while you are out, please.
16 (The jury left the courtroom.)
17 THE COURT: All right, Mr. Williams, you have a question
18 you were going to ask Ms. Heard, is that right?
19 MR. WILLIAMS: Can we bring her back, Your Honor, so we
20 can put this on the record?
21 THE COURT: All right.
22 MR. LAUGHRUN: Judge, while she's on her way into the
23 courtroom, when the bench conference was held, the government
24 objected and asked to approach the Court. Your Honor sustained
25 the objection to the question. We asked to put that on the
137
1 record, and I believe that was all that was discussed at the
2 bench conference.
3 THE COURT: Thank you, Mr. Laughrun.
4 Just take a seat back up here again, please, Ms. Heard.
5 Okay, Mr. Williams.
6 MR. WILLIAMS: Judge, just for the record, can we let
7 the record know that the jury is not present at this time and
8 that this question is being asked --
9 THE COURT: I'm assuming he does that all the time.
10 Otherwise, we are in trouble, because I don't ever tell him.
11 Go ahead.
12 BY MR. WILLIAMS:
13 Q. Natasha, would you want your children to see and visit
14 with their father if he were in prison sentenced to life without
15 the possibility of release?
16 A. That would be their decision.
17 Q. Do you think -- would there be some benefit in your
18 opinion to that, some benefit to the children?
19 A. Yes.
20 Q. What would be the benefit to the children if they did
21 that in your opinion as a mother?
22 A. Well, there is going to be questions like, why you ain't
23 been there for us, things that they are going to need an answer
24 to and I can't answer it for them, no matter what I tell them.
25 There are some things that they are going to need to hear that's
138
1 going to come from his mouth, and that's --
2 Q. Let me also ask you about how Angelica is doing right
3 now, is she, does she know that her father is in jail?
4 A. Yes, but she doesn't like just go on about it.
5 Q. Have you told her about -- have you told her what
6 happened?
7 A. No.
8 Q. Have you told her that he is in prison?
9 A. No.
10 Q. How is little Mark, I think you referred to him as
11 little Mark?
12 A. Yes.
13 Q. How is he doing, does he have any difficulties or
14 problems?
15 A. He's just AD/HD.
16 Q. Has he been diagnosed AD/HD?
17 A. Yes, he has.
18 Q. Which is attention deficit --
19 A. Disorder.
20 Q. -- hyperactivity disorder?
21 A. Yes, sir.
22 Q. While you are here --
23 MR. WILLIAMS: Let me ask these last couple of
24 questions, Your Honor.
25 BY MR. WILLIAMS:
139
1 Q. Would you say that Mark was possessive?
2 A. I don't remember.
3 Q. Would you say that he, when he would act and get mad,
4 would you say that he was childish and immature?
5 A. I don't remember.
6 MR. WILLIAMS: That's all.
7 MR. CONRAD: Your Honor, I have got no questions of this
8 witness. But I would like to put it on the record that at the
9 bench conference, the single question at issue was whether she
10 would want her children to visit Mr. Barnette in prison if he
11 got a sentence of life without release. That was the single
12 question that was in dispute. I just want the record to reflect
13 that bench conference.
14 MR. LAUGHRUN: Judge, you also sustained an objection
15 about how the children were doing also. Mr. Williams asked how
16 were the children doing. I think the record is entitled to have
17 that answer for the record, if Your Honor please.
18 THE COURT: Thank you, sir. Thank you, ma'am, you may
19 step down. We will take a recess at this time, return at 11:10,
20 please.
21 (Brief recess.)
22 ^ THE COURT: Mr. Conrad, have you worked out your
23 witness problem?
24 MR. CONRAD: We are fine now, Judge.
25 THE COURT: Pardon?
140
1 MR. CONRAD: We are okay.
2 THE COURT: All right, call the jury.
3 (The jury returned to the courtroom.)
4 THE COURT: Government call its next witness.
5 MR. CONRAD: Your Honor, at this time we would move
6 admission of Government's Exhibit 53D, which is a judgment of
7 Superior Court of Coweta County against Aquilia Marcivicci
8 Barnette, two counts of felonious cruelty to children.
9 THE COURT: Let it be admitted.
10 MR. CONRAD: Permission to pass it to the jury.
11 THE COURT: Oh, yes, I'm sorry. I thought you were
12 calling your next witness.
13 MR. CONRAD: The United States would call Alesha
14 Chambers.
15 ALESHA CHAMBERS HOUSTON,
16 being first duly sworn, was examined and testified as follows:
17 DIRECT EXAMINATION
18 BY MR. CONRAD:
19 Q. Would you state your name for the jury and spell your
20 name for the court reporter?
21 A. Alesha Chambers Houston, A-L-E-S-H-A, Chambers Houston.
22 Q. Ms. Houston, how old are you?
23 A. 20.
24 Q. What is your employment?
25 A. I do security for channel 9.
141
1 Q. And in April of 1993, how old were you?
2 A. 15.
3 Q. 15. And were you in school at that time?
4 A. Uh-huh.
5 Q. And where did you attend school?
6 A. Myers Park.
7 Q. The school year 1992-93, you were at Myers Park High
8 School?
9 A. Yes.
10 Q. And what grade were you in?
11 A. 10th grade.
12 Q. Did you have an occasion back then to meet the defendant
13 in this case, Aquilia Marcivicci Barnette?
14 A. Yes.
15 Q. And do you see him in the courtroom today?
16 A. Yes.
17 Q. Would you point him out to the jury and describe what he
18 is wearing?
19 A. He has on a dark blazer and a multicolored tie.
20 Q. Seated at the table to my right?
21 A. Yes.
22 Q. Between the two lawyers?
23 A. Yes.
24 Q. How did you meet him back when you were a 10th grader at
25 Myers Park High School?
142
1 A. I was over to my aunt's house and I was sitting on her
2 porch with my cousin, and he and a friend of his walked by.
3 Q. And what were you doing at your aunt's house that day?
4 A. My grandmother had just passed and I was just over there
5 just to visit.
6 Q. And how did it come about that you met Barnette?
7 A. When he saw my cousin and I sitting on the porch, he
8 came over. He approached, and we talked and exchanged
9 numbers -- well, I gave him the number where I was and he called
10 later on that evening.
11 Q. From that point forward, did you establish a
12 relationship with him?
13 A. Yes.
14 Q. Describe that relationship back then when it first
15 started.
16 A. In the beginning, it was a pretty good relationship.
17 Things started taking a turn about, I would say about June -- I
18 mean, there were hints that I should have taken before June, but
19 I just didn't.
20 Q. So you met sometime in April, is that correct?
21 A. Yeah.
22 Q. Between April and June, what was the relationship like?
23 A. Like I said, it was pretty good. He didn't get very
24 violent, but like I said, there was things he did I should have
25 picked up on.
143
1 Q. Sometime after you met him at your aunt's house, did you
2 start dating him?
3 A. Yeah.
4 Q. Sometime after that, did you start living with him?
5 A. That was in late June, early July, I really can't
6 remember exactly.
7 Q. Now, tell the jury about what the relationship was like
8 beginning in June.
9 A. He was very jealous. I couldn't wear certain things.
10 It was summertime and I dressed, you know, accordingly.
11 I -- like I said, I just couldn't wear certain things. I
12 couldn't go anywhere unless he knew where I was going, when I
13 would be back. He was very controlling. He wanted to have
14 complete control over everything. And, you know, it's fine as
15 long as you're doing what he wants you to do, but as soon as you
16 try to do your own thing, that's when the violence comes in.
17 Q. And when you say violence, what do you mean?
18 A. He did so much.
19 MR. LAUGHRUN: Objection, move to strike.
20 THE COURT: Overruled, motion denied.
21 BY MR. CONRAD:
22 Q. When you say he did so much, are there specific
23 incidents of violence that stand out in your memory?
24 A. Yeah. The first real big incident happened while we
25 were at -- we were living together, and I forget how it started,
144
1 I'm not exactly sure, but he -- what happened -- we were in the
2 bathroom. And I really forget how it happened, but he strangled
3 me from behind. He was standing behind me, and he took me by my
4 neck and strangled me from behind. And somehow we scuffled and
5 we were in the tub, he threw me in the tub. There was no water
6 in the tub, but he was still choking me by the neck. And I made
7 my way out of the bathtub, and we went and he slammed me on the
8 bed and the scuffle continued from there. That was the first
9 real, real incident.
10 Q. Did he ever strike you in the face?
11 A. Oh, yeah, several times, several times. I remember when
12 I was at my cousin's house, I was coming back from a little
13 strip mall that's close to her house, and what I had on he
14 didn't particularly care for. And he tried to -- my cousin and
15 I were walking here and he came like very close to us with his
16 car and tried to run us over, I guess. And he told me to get in
17 the car, you know, get in the fucking car. And when I got in
18 the car, he left my cousin there and we were going back to his
19 house, and he was punching me in the side of my face repeatedly
20 with his fist. And --
21 Q. While he was driving?
22 A. While he was driving, yeah.
23 MR. LAUGHRUN: We'd like to be heard at the bench, if
24 Your Honor please.
25 THE COURT: I'm sorry, what?
145
1 MR. LAUGHRUN: Could we be heard at the bench?
2 THE COURT: Oh, yeah.
3 (Bench conference not recorded.)
4 THE COURT: If there was an objection, objection is
5 overruled. Do you want a continuing objection to this,
6 Mr. Laughrun?
7 MR. LAUGHRUN: Yes, sir.
8 MR. CONRAD: Mr. Huseby, can you read back the last
9 question?
10 THE WITNESS: You asked me had he --
11 THE COURT REPORTER: While he was driving? That's the
12 question.
13 MR. CONRAD: All right.
14 BY MR. CONRAD:
15 Q. Ms. Chambers, you were talking about an incident in
16 which you were struck in the face repeatedly while the defendant
17 was driving the vehicle?
18 A. Uh-huh.
19 Q. At the time you were struck in the face, was he driving
20 the car?
21 A. Yes.
22 Q. And where were you?
23 A. I was in the passenger seat.
24 Q. And what was the reason, did he say anything to you
25 about why he was hitting you on that day?
146
1 A. He asked me, he said, why the fuck you got that on. And
2 I was like, you know, what are you talking about, it was just an
3 outfit. He said, you don't wear that shit unless you are with
4 me. And then he was like, where you think you're coming from,
5 you know, because I had come up from the mall, you know. And he
6 said a lot of things, you know, so basically he was upset
7 because I had on what I had on and I was coming from the mall.
8 Q. Do you recall an incident when you had to miss a work
9 meeting because of an incident with the defendant?
10 A. Yes.
11 Q. Tell the jury about that.
12 A. That was the same incident. He knew that I had to go to
13 a meeting later on that afternoon. And the whole time he was
14 driving me back to my house, I was telling him I got to go to
15 this meeting, it's very important that I be there. And I think
16 he said, I don't care if you have to go to a meeting or not, you
17 know, you are going with me, and we were going to his house.
18 And as we were going down the highway, he threw my purse out of
19 the window, because I was looking for something in my purse --
20 oh, to check my face. I was looking for a compact mirror, and
21 he threw my purse out of the window. And when we got up into
22 his driveway, we just sat in the car for a while, just talking.
23 Q. Did he ever in any of these incidents cut your face at
24 all?
25 A. Mostly all of them, mostly all of them he would hit me
147
1 in my face.
2 Q. Did it ever draw blood?
3 A. Yeah, he busted my lip, he cracked my front tooth.
4 Q. Did he ever pull you by the hair?
5 A. Yeah, he pulled a big clump of my hair out in the back.
6 It was coming out by the roots, you could tell, because of the
7 little ends. He did that quite often.
8 Q. How long did this abuse last?
9 A. Up until the last time I saw him.
10 Q. Now, turning your attention to the fall of 1993, did
11 there come a time when your relationship broke up?
12 A. Yes. Mark isn't the kind of person that you just say,
13 it's over. It's not over until he says it's over.
14 MR. LAUGHRUN: Objection to the narrative, if Your Honor
15 please.
16 THE COURT: I'm sorry?
17 MR. LAUGHRUN: Objection to the narrative and
18 editorialization, if Your Honor please.
19 THE COURT: Sustain to that.
20 BY MR. CONRAD:
21 Q. Did there come a time when you tried to get out of the
22 relationship?
23 A. Several times, uh-huh.
24 Q. How did you do that?
25 A. The first time, you know, I told him that I just
148
1 couldn't take the abuse, I couldn't take the domination, you
2 know, I had to -- I wanted to leave, and, huh-uh, he wasn't
3 going to let that happen.
4 Q. Did there come a time when he sent you some roses?
5 A. Uh-huh, he sent me a dozen and a half roses. We were
6 broken up at that time, too. And in the card, he said, thanks
7 for the chance of a lifetime. He thought at that time that we
8 were getting back together, but you have to kind of play his
9 little game. You have to try to appease him so that he will
10 leave you alone.
11 Q. Let me turn your attention to November 8th of 1993. Did
12 there come a time when you were staying at your uncle's
13 apartment on Watson Drive?
14 A. Uh-huh, yes.
15 Q. Where is Watson Drive in Charlotte?
16 A. It's off of West Boulevard.
17 Q. How far is it from -- do you know where the defendant's
18 mother lives?
19 A. Yes.
20 Q. How far is Watson Drive and West Boulevard from that
21 residence?
22 A. It might be about two and a half miles.
23 Q. Straight down West Boulevard?
24 A. Straight down West Boulevard, yes.
25 Q. Did there come a time when you were staying at your
149
1 uncle's apartment and something happened on November 8th?
2 A. Yes.
3 Q. What were you doing that day?
4 A. Okay, I had just come in from work and I had taken a
5 shower.
6 Q. Where did you work?
7 A. At Bojangles' on Woodlawn.
8 Q. And what shift?
9 A. I was working second shift then. And I --
10 Q. What were the hours of the second shift?
11 A. I would go in at 2:00 and we would close. I might get
12 home at like 1:00 o'clock.
13 Q. And what did you do at Bojangles'?
14 A. Then I was a, I guess a service specialist. I would
15 make sure that everybody was doing their job and making the
16 customers happy and things like that.
17 Q. And when you got back to your uncle's apartment on that
18 evening, what, if anything, happened?
19 A. Like I said, I had taken a shower and I had on -- I
20 changed into a T shirt and some shorts and some socks. It was
21 wintertime, but I was in the house. And my mom had washed some
22 clothes earlier, so I was folding the clothes and putting them
23 away. And --
24 Q. Had anything happened between you and Mr. Barnette
25 earlier that day?
150
1 A. Yeah, I forgot -- well, this wasn't earlier that day,
2 but it happened around that time, when he -- let me see, I was
3 asleep on the couch. And the only thing I remember was he came
4 into the apartment, I'm not sure how he got in because I was
5 asleep, and I had my hair tied up to sleep in and he yanked it
6 off my head. I can't remember exactly what he said or like I
7 said, how he got in, but that happened. And then --
8 Q. Did you have any telephone conversation with him the day
9 that you are talking about where you got off of work and came
10 back to your uncle's apartment?
11 A. Uh-huh.
12 Q. What did that telephone conversation concern?
13 A. He wanted to see me, and I didn't want to see him. I
14 didn't feel comfortable being around him anymore. And then he
15 said, I'm coming over there. I didn't really think he would
16 come, because he didn't have a car at that time. And it's two
17 and a half miles, but it's a long walk. So I just disregarded
18 what he said and I went back to doing what I was doing.
19 Q. And what were you doing?
20 A. Folding clothes.
21 Q. And what happened next?
22 A. I was on the phone with one of my uncle's girlfriends,
23 and he was knocking on the door and I was telling him repeatedly
24 to go away. And he was like, well, just let me in, I want to
25