Filing # 88897308 E-Filed 05/02/2019 02:45:23 PM

IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT

CASE NO: 2018 CF 1592 A

DCA NO: 1D19-498

SPN NO: 255249

DENISE WILLIAMS,

APPELLANT,

VS

STATE OF FLORIDA,

APPELLEE, RECORD ON APPEAL FROM THE CIRCUIT COURT OF LEON COUNTY, FLORIDA HONORABLE JAMES HANKINSON RECEIVED, 05/02/2019 02:46:47 PM, Clerk, First District Court of Appeal

PHILIP J. PADOVANO ASHLEY MOODY 131 N. GADSDEN STREET ATTORNEY GENERAL TALLAHASSEE, FL 32301 PL-01, THE CAPITOL TALLAHASSEE, FL 32399-1050

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY FLORIDA

CASE NO: 2018 CF 1592A

DCA NO: 1D19-498

DENISE WILLIAMS,

PLAINTIFF/APPELLANT,

V.

STATE OF FLORIDA,

DEFENDANT/APPELLEE,

JURY TRIAL TRANSCRIPT CORRECTED

INDEX DATE FILED INSTRUMENT PAGE NO.

APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 1 (12/11/2018) 1-116

APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 2 (12/11/2018) 117-261

APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 3 (12/12/2018) 262-396

APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 4 (12/12/2018) 397-530

APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 5 (12/13/2018) 531-664

APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 6 (12/13/2018) 665-697

APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 7 (12/14/2018) 698-798

MAY 2, 2019 CERTIFICATE OF CLERK 1 Filing # 88164292 E -Filed 04/18/2019 09:10:44 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO. : 2018CF1592A

STATE OF FLORIDA

vs.

DENISE WILLIAMS,

Defendant. -----/

VOLUME I- Pages 1 thru 116

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 11, 2018

TIME: Commencing at 8:33 a.m. Concluding at 11:49 a.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: LINDA CUNNINGHAM, RPR Notary Public in and for the State of Florida at Large

LINDA CUNNINGHAM, RPR Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 2

1 APPEARANCES

2 REPRESENTING THE STATE:

3 JON FUCHS, ASSISTANT STATE ATTORNEY OFFICE OF THE STATE ATTORNEY 4 WAKULLA COUNTY COURTHOUSE CRAWFORDVILLE, FLORIDA 32327 5

6

7 REPRESENTING THE DEFENDANT:

8 ETHAN WAY, ESQUIRE WAY LAW FIRM, P.A. 9 P.O. BOX 10017 TALLAHASSEE, FLORIDA 32302 10 and PHILIP J.PADOVANO, ESQUIRE 11 BRANNOCK & HUMPHRIES 131 N. GADSDEN STREET 12 TALLAHASSEE, FLORIDA 32301

13 INDEX 14 WITNESSES: PAGE: 15 GREG MORRIS

16 Direct Examination By Mr. Fuchs 70 Cross Examination By Mr. Way 77 17

18 SCOTT DUNGEY

19 Direct Examination By Mr. Rogers 83 Cross Examination By Mr. Way 98 20

21 JOSEPH SHEFFIELD

22 Direct Examination By Mr. Rogers 105 Cross Examination By Mr. Way 111 23 STATE'S EXHIBIT:

24 lA-iD 74 Certificate of Reporter 116 25

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 3

1 PROCEEDINGS

2 THE COURT: we are here in State of Florida versus

3 williams, 2018-1592. Let the record reflect the

4 defendant is present with her attorneys.

5 I know we have the Dungey deposition to deal with.

6 Any other outstanding motions or issues we need to deal

7 with before we start?

8 MR. FUCHS: None from the State, Your Honor.

9 MR. WAY: None from the defense, Your Honor.

10 THE COURT: Okay. well, let's -- let's deal with

11 that. It's a little confusing. Let me make sure I

12 understand. This was a deposition taken by the defense,

13 but the State intends to use it. Is that my

14 understandi ng?

15 MR. FUCHS: No, Your Honor. This was -- this was

16 something that was done -- it was a perpetuated testimony

17 in which i elicited -- there were two different parts.

18 There was -- the first part was the State doing direct

19 examination of Mr. Dungey the State intends to use in its

20 case in chief, in which I directed the questions, and

21 Mr. way had an opportunity for cross-examination -- and

22 actually I apologize. It was actually Mr. Rogers who

23 conducted the direct examination.

24 Then there's a second part that was done where the

25 questions were perpetuated by -- Mr. way did the direct

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER I

1 examination, I did the cross examination. And that is

2 intended -- if at all used, it will be used in the

3 defense case -in -chief.

4 THE COURT: okay. well,I misunderstood because I

5 didn't -- I thought it was all one deposition.

6 MR. FUCHS: No, sir.

7 THE COURT: So, on the direct examination, you

8 intend to present that there -- are there objections in

9 that?

10 MR. FUCHS: There are, Your Honor. As I stated

11 yesterday, I believe there were -- I think there was

12 three objections, at which time Mr. Rogers reasked the

13 question in a different way instead of having the witness

14 answer those questions.

15 THE COURT: well, let's go through what objections

16 there are. The --

17 MR. FUCHS: I believe the first was on Page 13, Your

18 Honor.

19 THE COURT: The confusing part of it is that the

20 title page has Scott Dungey, perpetuation of testimony

21 commenced at 10:00 a.m., 10:30 on both of these

22 transcripts.

23 MR. FUCHS: The transcript in question that the

24 State is talking about is 26 pages, Your Honor, and it

25 begins with -- on Page 2. It says -- I'm sorry. On

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 5

1 Page 3,it identifies Mr. -- Attorney Rogers on Line

2 No. 23 as the direct examination.

3 THE COURT: I mean, I'm with you, but it is --

4 looking at the title page, it says it's both at the same

5 time; so that's kind of -- I'm not sure why the court

6 reporter did that.

7 So, where is the first objection?

8 MR. FUCHS: The questioning starts on Page 13. The

9 actual objection is on 14.

10 THE COURT: Questioning starts on Page 13?

11 MR. FUCHS: At the bottom of 13. It would be --

12 THE COURT: It starts on page -- oh, the objection

13 you are talking about?

14 MR. FUCHS: Yes, sir. On page -- on Line 24 is the

15 question, and the objection is actually on Page 14,

16 Line 3.

17 THE COURT: Okay. well, there's no answer, so

18 there's nothing for the Court to rule on as to that;

19 correct?

20 MR. FUCHS: That's my understanding, yes, Your

21 Honor.

22 THE COURT: Mr. Way.

23 MR. WAY: As Mr. Fuchs indicated, I think what

24 happened was I made an objection, Your Honor, and part of

25 it was -- is the narrative of the question was getting

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 outside -- started to get outside of the scope. I

2 objected. Mr. Rogers reasked a different question; so it

3 essentially ameliorated the concern.

4 THE COURT: Okay. So, there's no ruling to be made

5 there. Then down -- I guess down at the -- top of the

6 next page, there is an objection too.

7 MR. FUCHS: Yes, Your Honor. And that question

8 starts actually on Page 14, Line 21. And, again, it was

9 restated.

10 THE COURT: All right. So,I really see no

11 objection to rule on there either, Mr. Way.

12 MR. WAY: Again, Your Honor, given the flow of the

13 testimony, once the objection was made, the State

14 promptly addressed the question -- it was getting into an

15 opinion about the condition of the certain items.

16 THE COURT: well, tell me what -- where there are

17 objections I need to rule on. None of those appear to be

18 objections that need a ruling.

19 MR. WAY: That is correct, Your Honor.

20 THE COURT: Okay. Are there any in the

21 cross-exami nation?

22 MR. FUCHS: The only time is on Page 22, and, again,

23 Mr. Way rephrased the question, Your Honor.

24 THE COURT: So, there are no objections for me to

25 rule on?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 7

1 MR. FUCHS: No. All questions had been re- -- were

2 restated.

3 THE COURT: Okay. So,thelong and short of it,

4 there is nothingfor metoruleon?

5 MR. FUCHS: Yes, sir, on that part. That is

6 correct.

7 THE COURT: well, is there some other part that

8 the -- we're going to be attempting to be used?

9 MR. WAY: Your Honor, the defense took a deposition

10 to perpetuate at the same time. I believe you have a

11 copy of that.

12 THE COURT: Right.

13 MR. WAY: I don't know if you want to deal with that

14 now or if you want to deal with it in a couple of days.

15 THE COURT: So, that you're going to wait and try to

16 present in your case -in -chief?

17 MR. WAY: That would be when I would do it, Your

18 Honor. I don't think there is a reason to rule on them

19 now.

20 THE COURT: Okay. Well, if you all will remind me.

21 i have reviewed that portion of it and prepared to rule,

22 but it's just as well to wait and make sure you are going

23 to present it and what the circumstances are at that

24 point in time. Perhaps the Court will be aware of the

25 issues it's not aware of at this point in time. You just

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 need to remind me.

2 MR. WAY: I will, Your Honor.

3 THE COURT: Okay. Does the defense want the

4 instruction on the right to remain silent to be given as

5 part of the preliminary instructions?

6 MR. WAY: Yes, Your Honor.

7 THE COURT: The -- I received a witness list and

8 exhibit list from the State. I assume it's from the

9 State.

10 MR. FUCHS: It is, Your Honor.

11 THE COURT: Does the defense have a witness list and

12 evidence list?

13 MR. WAY: Yes, Your Honor. May I approach?

14 THE COURT: YOU may. Thank you.

15 And have the exhibits for both sides been marked?

16 MR. FUCHS: They have for the State, Your Honor.

17 THE COURT: Mr. way, did you mark your exhibits?

18 MR. WAY: I have not marked my exhibits yet, Your

19 Honor, because of ordering and scheduling.

20 THE COURT: Okay. Well, you know, we apparently

21 have a day or so to do, so -- but if you would go ahead

22 and get your exhibits marked, show them to the other

23 side, that will facilitate things.

24 MR. WAY: Absolutely, Your Honor. They will be

25 ready.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 THE COURT: Have you shown the defense your

2 witnesses, Mr. Fuchs?

3 MR. FUCHS: He does not have my witness list, Your

4 Honor. I will give him my exhibit list, and we will go

5 over the exhibits here momentarily.

6 THE COURT: we will take a quick, quick break before

7 we start with the jury. what i would ask is that you'd

8 show them the marked exhibits. Then the defense can rely

9 upon that what's being shown to a witness so we don't

10 need to go through a big charade of showing it to the

11 other side at the time.

12 If you change anything, Mr. Fuchs, please let the

13 defense know.

14 MR. FUCHS: Yes, sir.

15 THE COURT: I sent you a draft set of jury

16 instructions last night. Unfortunately, for some reason

17 or another, the one to Mr. way got kicked back. I don't

18 know. i was using an email off of the Bar website, so

19 maybe I had it wrong. Anyway, my judicial assistant has

20 resent them this morning to everybody; so everybody

21 should have a draft set of jury instructions and verdict

22 form.

23 So, at some point in time, you'll need to print

24 those out so we can begin some discussion of that. we

25 will need to do that this morning, but if any of you

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 10

1 don't receive it, please let me know. You should have

2 those this morning.

3 MR. WAY: I received my copy from Ms. Rissinger at

4 8:20, and I sent them to my office to be printed.

5 THE COURT: Okay. All right. And I assume you got

6 yours, Mr. Fuchs?

7 MR. FUCHS: We did, Your Honor.

8 THE COURT: All right. Either side aware of

9 anything unusual or novel you're going to be requesting

10 that I provide as jury instructions?

11 MR. FUCHS: None from the State, Your Honor.

12 MR. PADOVANO: No, sir.

13 THE COURT: If somebody comes up with something new,

14 I would like to have a chance to research it a little

15 bit. Every once in a while somebody will surprise me

16 with something. I want no surprises.

17 MR. WAY: Not yet, Your Honor. But if we have any,

18 we will discuss them among --

19 THE COURT: All right. Please get them to me as

20 early as we can, so I'd have a chance to look at them in

21 advance.

22 MR. WAY: we will, Your Honor.

23 THE COURT: Okay. We've already discussed

24 objections and the handling of -- because of the multiple

25 attorneys. Anybody have a question on that?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 MR. FUCHS: No, Your Honor.

2 MR. WAY: No, Your Honor.

3 THE COURT: All right. Does the defense intend to

4 concede guilt as to any criminal charges in the case,

5 Mr. Way?

6 MR. WAY: No, Your Honor, we are not going to

7 concede guilt to anything.

8 THE COURT: Okay. Either side wish to invoke the

9 rule of sequestration?

10 MR. WAY: The defense so requests, Your Honor.

11 THE COURT: All right, If we have potential

12 witnesses in the courtroom, please stand. A rule of

13 sequestration has been invoked. That means you need to

14 remain outside of the courtroom, except while you are

15 testifying.

16 while you are waiting to testify and until you have

17 been excused, you are not to discuss the case among

18 yourselves or with any other person. An important

19 exception to that is you are free to talk to the

20 attorneys for either side, just not in the presence of

21 any other witnesses.

22 I admonish counsels, since there are witnesses not

23 present, it's your obligation to make all witnesses aware

24 of the Court's ruling, we will let the witnesses step

25 out.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 12

1 MR. FUCHS: Thank you, Your Honor.

2 THE COURT: we will just swear them as we go.

3 All right. Anything else from either side?

4 MR. FUCHS: No. The only question I have, and I put

5 it on the exhibit list, is Mr. Dungey's -- the transcript

6 as well as the recording I was going to mark as Court

7 Exhibit No. 1. I want to make sure that's okay with the

8 Court, or do they want me to mark it as a State's

9 exhibit? I just want to make sure I mark it correctly.

10 THE COURT: Court exhibit would be appropriate,

11 because we have to remember that's not something that

12 goes back to the jury during their deliberations. So

13 that distinction would probably be helpful

14 So, now are you going to present that by video or --

15 MR. FUCHS: Yes, sir.

16 THE COURT: Okay.

17 MR. FUCHS: And I have copies of the transcripts,

18 too, that I would like to be distributed to the jurors.

19 THE COURT: Okay. If you would make the transcript

20 1A so we can have some record of that. And we will just

21 need to remember those don't go back to the jury.

22 MR. FUCHS: Yes, sir.

23 THE COURT: Anything else from either side?

24 MR. FUCHS: Not from the State.

25 MR. WAY: No, Your Honor.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 13

1 THE COURT: Okay. So,I think we're waiting on one

2 juror. It was my intention to take about 10 minutes, let

3 everybody have a break, and then start with the jury. Is

4 that agreeable to everybody?

5 MR. FUCHS: Yes, Your Honor.

6 MR. WAY: Yes, Your Honor.

7 THE COURT: Assuming we have our last juror, we will

8 start back at 8:55 with the Court's preliminary

9 instruction. We will be in recess.

10 (Break taken.)

11 THE COURT: All right. We're here in State versus

12 Williams. we are in chambers at the request of the

13 attorneys. It's my understanding the defense wanted to

14 waive Ms. Williams' presence for this proceeding.

15 MR. WAY: we will, Your Honor.

16 THE COURT: Okay. All right. So, what's the

17 situation?

18 MR. FUCHS: Your Honor, we've come to information

19 regarding one of the jurors that possibly violated one of

20 the Court's rules. I will allow Mr. Newlin to explain.

21 THE COURT: Okay.

22 MR. NEWLIN: we received a call from Colby Cherry

23 this morning. He said he was on Facebook yesterday,

24 posted a comment along the lines of: I hope this jury is

25 smart with this case.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 14

1 He received a reply from a whitney Johnson who said:

2 Are you calling me dumb? He replied: Are you a juror?

3 And she replied: shh. And so he called the office with

4 that this morning.

5 THE COURT: well, what do you all wish to do?

6 MR. NEWLIN: Can I add? I just got more. Whitney

7 told him not to tell anybody.

8 MR. FUCHS: She specifically said: Don't tell

9 anybody?

10 MR. NEWLIN: I can call him.

11 MR. FUCHS: Yeah.

12 MR. WAY: May I ask a question, Your Honor?

13 THE COURT: You may.

14 MR. WAY: Mr. Newlin, does Mr. Chase have any

15 relationship or anything to do with the State?

16 MR. NEWLIN: It's Colby Cherry. I've never heard

17 the name before, no.

18 MR. WAY: She just called out of the blue and --

19 MR. NEWLIN: He did. Colby Cherry --

20 MR. WAY: Colby Cherry called out of the blue?

21 MR. NEWLIN: Yeah.

22 MR. WAY: You don't know who this person is or

23 anything?

24 MR. NEWLIN: No,I do not.

25 MR. WAY: Thank you, Your Honor.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 15

1 THE COURT: Do you all have a position?

2 MR. WAY: She violated. It would appear that she

3 may have violated a court order. I mean, I don't think

4 we probably need to verify it, if it's her or if it's

5 just somebody trolling pretending to be her.

6 Respectfully, I mean, I can be a French model on the

7 internet. That doesn't mean that I'm who that person is,

8 but I think an inquiry is worthwhile.

9 MR. FUCHS: I think that's where I am at, is inquire

10 and then see what the response is and go from there.

11 MR. WAY: Whitney Johnson is a common name, Your

12 Honor. Not being on a jury is, but --

13 THE COURT: Well, what are you asking that I do?

14 MR. WAY: I -- if the Court would be comfortable if

15 we could just inquire of the juror and find out if the

16 juror violated the rules of the Court, and we can go from

17 there. If it's -- it may not even be her. It may be

18 somebody else.

19 THE COURT: Yeah. But my only question would be

20 something like, we received information that a Whitney

21 Johnson may have responded to a jury thing on social

22 media. obviously, your name is the same. Is it you?

23 And see what she says about it. And then inquire as to

24 what she did, and then we will have to go from there.

25 MR. WAY: The defense would be concerned, Your

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 16

1 Honor, that if you are -- if you are out there trolling

2 around on Facebook, given the nature of this case and the

3 publicity, that nothing good will befall the defense. we

4 would want Ms. Johnson removed from the jury.

5 THE COURT: well, I'm not sure, based on what she

6 said, she's really violated the Court's order. She

7 hasn't commented on the case. It certainly is not what

8 we would prefer.

9 MR. FUCHS: And that's -- I'm sorry. That's what --

10 my intention of the inquiry, and then an admonishment of,

11 Stay away from that kind of stuff. I don't know that

12 she's necessarily violated it, like you said.

13 THE COURT: So, how do you see that she has violated

14 it, Mr. way? Let's assume this is all accurate.

15 MR. WAY: well, depending on how -- without knowing

16 the nature of the Facebook post, it would be a situation

17 where the witness or the juror would have been

18 exploring -- it would -- my concern -- it would be a

19 situation, Your Honor, where the juror, against the

20 admonition, went to look up information on the case and

21 would have had to have been conducting an online

22 exploration related to this particular case to even come

23 across the posting of this Colby Chase (sic). So, my

24 concern --

25 THE COURT: Colby Cherry.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 17

1 MR. WAY: I'm sorry, Your Honor.

2 THE COURT: Well --

3 MR. WAY: Colby Cherry. So my concern would be if

4 you have a juror who is out there doing exploration

5 online about the case and then commenting on a posting by

6 someone and then asking that person not to tell anyone

7 that you're doing it,I believe that to be somewhat

8 troubling conduct. Because it's not as if they stumbled

9 upon a newspaper in the lobby. It's -- you have to take

10 affirmative steps online to get to this kind of

11 information, is my understanding of how the Facebook --

12 THE COURT: I'm not a Facebook expert. In fact, I

13 know nothing essentially. But I thought that if this

14 person was on the friend list with the juror, that it --

15 this comment, I hope this jury is smart, would

16 automatically pop up. I'm not -- I'm not certain it

17 takes someone going and trolling for information, as you

18 characterized it, but --

19 MR. ROGERS: Judge, may I add into that conversation

20 a little bit? It could be two ways, and that's what we

21 don't know here. One is Colby Cherry was posting

22 something on his own Facebook page. That would require

23 the juror in question to be a friend and comment to his

24 Facebook page directly. Alternatively, if, say, there's

25 a news article on theTallahassee Democrator one of the

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 news sources and just open comments, Colby Cherry says --

2 posted the comment, I hope this jury is smart, she could

3 have replied in that thread. But without knowing more

4 information as to what she saw and what she replied to,

5 we can't make that determination.

6 MR. NEWLIN: Do you want me to --

7 THE COURT: Have a seat, Mr. Newlin. If -- let's

8 try to keep some kind of order here. If you want to add

9 to it, let's make it clear that's what we are doing.

10 Mr. Fuchs?

11 MR. FUCHS: Yes, sir.

12 Did you find any information --

13 MR. NEWLIN: Yes. Colby Cherry is a friend of or an

14 acquaintance of whitney Johnson. It was actually a

15 Snapchat back and forth. He said he was going to attend

16 the Denise Williams trial, hoped the jurors aren't dumb.

17 She replied: Are you calling me dumb or stupid? And

18 then they went back and forth about, Please don't tell

19 anybody I'm on the jury. And so --

20 MR. FUCHS: So they were friends and an automatic

21 pop-up?

22 MR. NEWLIN: Yeah.

23 MR. FUCHS: Okay.

24 THE COURT: And what -- did she make any actual

25 comment about the circumstances of the case other than,

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 19

1 I'm a juror and don't tell anyone?

2 MR. NEWLIN: No, sir. And Snapchat is a little

3 different than Facebook. It's not one where you actually

4 research topics. It's -- actually somebody has to put it

5 out there for you to see, so --

6 THE COURT: So, she would have automatically gotten

7 this comment from Mr. Cherry?

8 MR. NEWLIN: Correct.

9 MR. WAY: I will withdraw my objection to any

10 concern then.

11 THE COURT: I just worry a little bit about singling

12 her out and bringing her in for inquiry. That just kind

13 of alienates the juror in some fashion. I think what I

14 would prefer to do is give them further admonition. And

15 if you all want me to even say that, you know, we've

16 received report of a juror, you know, making comment on

17 the internet, fairly innocuous, but jurors should be

18 aware that people are constantly monitoring these types

19 of things, and if they make any comment on the internet,

20 it is likely to be reported to the Court, and they should

21 refrain from doing so.

22 MR. FUCHS: I think you should expand that with,

23 including comments, not just on the internet, but talk

24 about social media comments. Don't have to say

25 Instagram, Facebook and all of that stuff, but call them

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 20

1 social media for what they are, because some people won't

2 actually think of those as being the internet. They

3 think of the internet are the things you'd go out and

4 search for; whereas, social media are just kind of

5 conversational.

6 THE COURT: Mr. way?

7 MR. WAY: I agree, Your Honor.

8 THE COURT: All right. Anything else?

9 MR. WAY: while i have the court reporter here, Your

10 Honor, it would be my duty to advise that yesterday

11 evening, as the Court was adjourned, Mr. Padovano and I

12 were stranded on the first floor with all of the jurors.

13 We removed ourselves to the clerk's office. They all

14 asked us through the glass where the exit was, and we

15 made a signal with our hands that it was P3, to go down.

16 That was the limit of our contact with the jurors.

17 THE COURT: Okay. Thank you for bringing that to my

18 attention.

19 MR. PADOVANO: And one of the jurors kindly told the

20 others that the reason we did that is because we were not

21 permitted to speak with them. So they were kind of let

22 off of the hook a little bit.

23 THE COURT: Okay. I do often make that comment to

24 the jurors. I think maybe I will make that kind of

25 comment, if you all wish.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 21

1 MR. PADOVANO: Yeah.

2 MR. FUCHS: Yeah.

3 MR. WAY: Yes, sir, because depending on how late

4 the trial goes, we're all kind of stuck in the same

5 areas.

6 THE COURT: Okay.

7 MR. FUCHS: Your Honor, and we do have one more

8 procedural thing that we've talked about outside.

9 Mr. Winchester is going to invoke his Fifth Amendment

10 right to remain silent, and we're going to compel his

11 testimony pursuant to the subpoena.

12 The question is whether that needs to be done in

13 front of the jury or outside of the presence of the jury.

14 And it would be the State's position that it's done

15 outside of the presence of the jury, given the case law

16 that talks about calling someone for invoking their Fifth

17 Amendment right to remain silent and along those lines.

18 THE COURT: Does the defense have a different

19 position?

20 MR. WAY: I have a slightly more -- I have a

21 slightly different concern, but it's similar. I know

22 that Mr. Jansen is -- it's the intention of the State to

23 call Mr. Jansen to introduce or to testify as it relates

24 to the proffer agreement. I would think foundationally

25 it would be if Mr. Jansen testifies, says, This is what's

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 22

1 going to happen, and his witness -- his client is going

2 to testify pursuant to compel testimony, it may give a

3 clearer picture to the jury. Otherwise, if he's going to

4 stand up, if Mr. winchester's intention is to invoke the

5 Fifth Amendment in the light of the proffered agreement,

6 I think that that could be relevant for what -- how the

7 jury weighs his testimony.

8 THE COURT: I'm not going to get too involved in all

9 of that. In terms of should he invoke in front of the

10 jury or outside the presence of the jury,I think it's

11 clear it should be done outside the presence of the jury,

12 and we will do so at the appropriate time. when do you

13 expect Mr. Winchester to testify?

14 MR. FUCHS: I believe it will be after lunch, Your

15 Honor. we've already talked to the --

16 THE COURT: Okay. So we have him brought in, you

17 know, before we bring the jury in, and hopefully it's

18 a -- you know, at the end of the lunch break would be

19 ideal . If we could do it at that point in time -- I hope

20 we will do it at that point in time.

21 MR. FUCHS: Yes, sir.

22 THE COURT: Okay. All right. Let's get started.

23 MR. PADOVANO: Thank you.

24 (In chambers conference was concluded.)

25 THE COURT: Are we ready for the jury?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 23

1 MR. FUCHS: Yes, Your Honor.

2 THE COURT: Defense ready?

3 MR. WAY: The defense is ready, Your Honor.

4 THE COURT: All right. Let's have the jury, please.

5 (Jury in.)

6 THE COURT: When you all come in, you can be seated.

7 They are standing for you. All right. Everybody be

8 seated, please.

9 Good morning, folks. Thank you for being back here

10 this morning. I try to run court on time, and I'm going

11 to ask you all to work with me on that. Please be

12 punctual. we have a lot of people waiting. we have a

13 lot of activity going on. If you are not punctual, then

14 everybody is delayed, and, you know, we don't want to be

15 here next week because one of our jurors can't get here

16 on time.

17 i know all of us probably have your friends that are

18 time challenged, so you lie to them about what time to be

19 here to get them there on time. I don't want to do that

20 way with you all. I want to be -- you know, tell you

21 exactly when we need you. If we have a problem with

22 that, then we will just start -- start a half hour before

23 we really need you. That's not what I want to do. So,

24 if you all work with us, let's make time. You know

25 you're time challenged. If you are, then you need to

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 24

1 work that out and make sure you get here early.

2 we were also delayed a little bit in getting started

3 because the Court has already received a report of a

4 juror making some comment on the internet about their

5 jury service. In the grand scheme of things, the comment

6 was fairly innocuous. I'm not going to take any action

7 on it at this point in time, but you need to be aware if

8 you comment on social media, people are out there

9 watching, people are out there listening. It will be

10 reported, and then we are going to have a problem.

11 During the course of this trial, you just need to

12 stay off of the social media. You can't be making any

13 kind of comment at all, because the next thing you know,

14 it comes back to the court. Sometimes it comes back a

15 little twisted, and, you know, it's just something we

16 need to avoid.

17 So,i know I've talked about it before, and then we

18 still had a minor problem. Let's not have any problems

19 on that. we went through a lot of trouble yesterday to

20 get a jury that can fairly and impartially hear this case

21 based upon what's presented here in the courtroom. Let's

22 keep it that way, please. So, sorry to start out by

23 chiding you over things, but I don't want, you know, us

24 to get off on the wrong foot in this case.

25 You've now been selected and sworn as the jury to

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 25

1 try the case of State of Florida versus Denise Williams.

2 As we've already discussed, this is a criminal case.

3 Ms. Williams is charged with three charges: Conspiracy

4 to commit first degree murder, first degree murder, and

5 accessory after the fact of first degree murder.

6 Later, during the course of the trial, I will

7 explain to you the exact elements of each of those

8 offenses. The indictment that I read from yesterday is

9 not evidence, and it is not to be considered by you as

10 any proof of guilt.

11 it's my job to explain the law to you. It is your

12 job to decide the facts and to apply facts to the law.

13 That's one of the fundamental principles of our system of

14 justice. I decide the law. You decide the facts. You

15 apply the facts to the law.

16 I know all of you see trials on TV from time to

17 time, but you probably don't see one from begin to end.

18 So it may be helpful if you understand the sequence of

19 events.

20 At the beginning of the trial, the attorneys will

21 have an opportunity to make an opening statement. The

22 opening statement gives the attorneys a chance to tell

23 you what evidence they believe will be presented during

24 the trial, what the lawyers say is not evidence and you

25 are not to consider it as such.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 26

1 Following the opening statements, witnesses will be

2 called to testify under oath. They will be examined and

3 cross-examined by the attorneys. Documents and other

4 exhibits also may be produced as evidence. After the

5 evidence has been presented, I will instruct you on the

6 law. The attorneys will then have an opportunity to make

7 their closing arguments. Following the closing arguments

8 by the attorneys and some brief concluding remarks by the

9 Court, you will retire to consider your verdict.

10 You should not form any definite or fixed opinion on

11 the merits of the case until you have heard all of the

12 evidence, the arguments of the lawyers, and the

13 instructions on the law that I will give you. until that

14 time, you are not to discuss the case among yourselves.

15 Your verdict must be based solely on the evidence or lack

16 of evidence and the law that I will explain to you.

17 i now instruct you not to communicate with anyone,

18 including your fellow jurors, about this case. No

19 communication includes no emailing, text messaging,

20 Tweeting, blogging, or any other form of communication.

21 You cannot do any research about the case or look up any

22 information about the case. If you become aware of any

23 violation of these rules at all, please notify the Court

24 personnel of the violation.

25 During the course of the trial, we will take

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 27

1 recesses, and you will be permitted to separate and go

2 about your personal affairs. During these recesses, you

3 must not discuss the case with anyone, nor permit anyone

4 to say anything to you or in your presence about the

5 case. If anyone attempts to say anything to you or in

6 your presence about the case, tell them that you are on

7 the jury trying the case and ask them to stop. If they

8 persist, leave them at once and immediately report the

9 matter to the bailiff, who will advise me.

10 The case must be tried by you only on the evidence

11 presented during the trial in your presence and in the

12 presence of the defendant, the attorneys, and myself.

13 Jurors must not conduct any investigation of their own.

14 This includes reading newspaper, watching television, or

15 using a computer or cell phone, the internet, or any

16 electronic device or any other means at all to get

17 information related to the case or the people and places

18 involved in the case. This applies whether you're in the

19 courthouse, at home, or anywhere else. You must not

20 visit places mentioned in the trial or use the internet

21 to look at maps or pictures to see any place discussed

22 during the trial.

23 In every criminal proceeding, a defendant has the

24 absolute right to remain silent. At no time is it the

25 duty of a defendant to prove her innocence. From the

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 exercise of a defendant's right to remain silent, a juror

2 it not permitted to draw any inference of guilt, and the

3 fact that a defendant did not take the witness stand must

4 not influence your verdict in any manner whatsoever.

5 The attorneys are trained in the rules of evidence

6 and trial procedure, and it is their duty to make all

7 objections they feel are proper.

8 when an objection is made, you should not speculate

9 on the reason why it is made. Likewise, when an

10 objectionis sustainedor upheld by me, you must not

11 speculateon what mighthave occurred had the objection

12 not been sustained nor what a witness might have said had

13 he or she been permitted to answer.

14 During the trial, it may be necessary to confer with

15 the attorneys out of your hearing to discuss matters that

16 require my consideration alone. It is impossible to

17 predict when such a conference may be required or how

18 long it will last. when such conferences occur, they

19 will be conducted so as to consume as little of your time

20 as is necessary for a fair and orderly trial of the case.

21 If it's going to be something extended, we will

22 generally let you step out. If it's something we can do

23 quickly, we will probably go over here to the side of the

24 room. we call that a sidebar because it's to the side of

25 bar. It will be outside of your presence.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 29

1 Sometimes I worry that juries think something

2 unusual or exciting has happened. That's generally

3 something fairly procedural. It's not anything for you

4 to be concerned about, but that's just a normal part of

5 the trial.

6 Let me comment on one other thing. You might run

7 into the attorneys in the hallway. They are not going to

8 talk to you. That's not because they are rude or aloof

9 people. That's just they understand the rules of the

10 court. You can understand somebody seeing you talk to an

11 attorney, they don't know what's being said, and it could

12 be misconstrued.

13 So, during the course of the trial, just don't have

14 any conversation with them, and they are not going to

15 talk to you, and accept that those are just the rules of

16 the Court.

17 If you would like to take notes during the trial,

18 you may do so. On the other hand, you are not required

19 to. That is entirely up to you. we have given you a

20 notepad and a pen for your use, if you wish to take

21 notes. Any notes that you take will be for your personal

22 use; however, you should not take them with you from the

23 courtroom until you start your deliberations.

24 During recesses, if you'll leave your notes in your

25 seat, the bailiff will ensure they are not tampered with

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 by anyone. After you've completed your deliberations,

2 the bailiff will destroy your notes. No one will ever

3 read your notes. If you take notes, do not get so

4 involved in note -taking that you become distracted from

5 the proceedings.

6 And you may wonder what I mean by that. we've had a

7 rare instance, but occasionally we'll get a juror that

8 kind of tries to be a court reporter and take down every

9 word that's said here in the courtroom. An important

10 part of your job is to observe the witnesses, decide

11 whether you think they're accurate historians or not.

12 Don't get so buried in note -taking that you lose that

13 function.

14 Your notes should be used only as aids to your

15 memory. whether or not you take notes, you should rely

16 on your memory of the evidence, and you should not be

17 unduly influenced by the notes of other jurors. Notes

18 are not entitled to any greater weight than each juror's

19 memory of the evidence.

20 During the trial, you will be permitted to ask

21 questions of witnesses in case you missed something, you

22 did not understand something, or you need to clarify a

23 pertinent issue. The rules of evidence apply regardless

24 of whether a question is asked by the attorneys, by me,

25 or by you; therefore, there may be a legal reason why I

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 31

1 cannot ask your question. If I do not ask your question,

2 you must not hold that against any of the parties, and

3 please do not take it personally.

4 Subject to that understanding, this is how we will

5 proceed. when the attorneys have finished asking their

6 questioning, if you have a question, simply raise your

7 hand. Now, we don't do it in the middle of the witness.

8 we do it at the end of the witness. I'll try to stop and

9 remember to ask you. Occasionally, in my old age, I

10 forget. But if I forget, just raise your hand. I will

11 give you time to write your question on a clean piece of

12 paper. The bailiff will collect your question. I will

13 then confer privately with the attorneys. If I determine

14 that it is a legally appropriate question, I will ask

15 your question, and the attorneys will be allowed to ask

16 follow-up questions. If your question is not asked, you

17 must not discuss it with other jurors or hold it against

18 either party.

19 The questioning of witnesses is the primary

20 responsibility of the attorneys. You are not obligated

21 to ask any questions nor encouraged to ask large numbers

22 of questions; however, if it will help your understanding

23 of the case, you may do so.

24 As I indicated, the next thing to occur is the

25 attorneys will be given an opportunity to make an opening

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 32

1 statement. As I've already said, what the attorneys say

2 is not evidence, and you should not consider it as such.

3 However,I do encourage you to give them your careful

4 attention. The opening statements are intended to give

5 you an understanding of the evidence that the attorneys

6 expect to present and the issues in the case.

7 we will start with the State of Florida.

8 MR. FUCHS: Thank you, Your Honor.

9 Good morning, again.

10 THE JURORS: Good morning.

11 MR. FUCHS: The first thing I would like to do is

12 thank you. I know yesterday I thanked you for being

13 potential jurors, but today you are, in fact, the jurors.

14 you were selected to be the jurors because myself and

15 other counsel, as well as Ms. williams, paid attention

16 throughout the course of jury selection and felt that you

17 were the best to come in and try this particular case and

18 listen to the evidence that is presented before you.

19 And, once again, thank you very much for your civic

20 duty in coming in and doing this. we literally cannot do

21 this without you. You all are in a little bit unique

22 situation because yesterday you heard a little bit about

23 the facts of this case, but now you get to hear what they

24 call "the rest of the story.'T

25 So, what happened? How did we get here today? What

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 33

1 you are going to hear is back on December 16th of 2000,

2 Jerry Michael williams, he goes as Mike Williams, is an

3 avid duck hunter. He likes to go out and duck hunt on a

4 regular basis. On this particular day, he went out and

5 did that very thing. He went out to go duck hunting.

6 You are going to hear this is also the anniversary

7 with himself -- and at the time he was married to Denise

8 Williams. This is their anniversary day. So, on this

9 particular day, there's a plan where he is going to go

10 out, he is going to duck hunt, he's going to come home,

11 and then afterwards they are going to leave and go to

12 Apalachicola to celebrate their anniversary that evening

13 and stay at the Gibson Inn and have dinner and things

14 along those lines.

15 You are going to hear that on this particular day,

16 one of the places that he typically goes to is Lake

17 Jackson -- or Lake Seminole, excuse me. Lake Seminole is

18 about an hour to the west of Tallahassee, northwest a

19 little bit. It's actually in Jackson County, which is

20 the next county over from Gadsden, and that's where he

21 goes. And actually where he hunts is over here on the

22 west side of Lake Seminole, just around the area of

23 Sneads.

24 what you are going to hear is that he never came

25 back. He disappeared. In the afternoon hours, Florida

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 wildlife Commission are contacted as well as other family

2 members, and they start trying to figure out where he is

3 and they go looking for him. In the landing right off of

4 on the north side -- I mean, on the west side of Lake

5 Jackson -- Lake Seminole they have his Bronco as well as

6 the trailer.

7 You are going to hear that large number of friends,

8 family members, FWC officers, civilians, law enforcement,

9 everybody converges on here and starts to try to find

10 him. ''ou are going to hear -- this right here is a

11 little -- what we call a slide, where you can launch a

12 boat from. And then as you can see, this is an old --

13 Lake Seminole is an old pecan farm that they flooded with

14 a damn; so it's a reservoir. And as you can see, you

15 have a lot of stumps in this particular area.

16 The initial thought, of course, is that he possibly

17 would be running the boat out to go to this duck hunting

18 area, he hit a stump, possibly was thrown overboard, the

19 boat went off, and they were hopeful to find him maybe on

20 this island back in here or something along those lines

21 and move on.

22 You are going to have an opportunity to hear from a

23 couple of the FWC officers that were there, one of which

24 is Alton Renew. Alton Renew comes out there and he's

25 kind of the coordinator of this whole thing, and he kind

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 35

1 of takes the lead on it and they conduct a search. And

2 what you are going to hear is it's a very methodical

3 search. They do grid patterns. They have a helicopter

4 up. You have dive teams from Montgomery County, Alabama.

5 You've got Jackson County sheriff officers that are there

6 participating in this. And, as I mentioned, you've also

7 got friends and families that are participating in this

8 search as well.

9 Multiple boats are out there looking for him, trying

10 to find him. As I said, a helicopter from up above,

11 looking around. And, again, keep in mind, this is a

12 Saturday. It's December 16th of 2000. And you are going

13 to hear during the evening hours of that, a cold front

14 came through. And it was actually around 70 degrees, a

15 nice balmy winter day in Florida on the 16th; however, a

16 cold front rolls through that evening, and you are going

17 to hear that there's torrential downpours and, of course,

18 searchers aren't able to search during that particular

19 time, and that there's huge downpours and the temperature

20 drops dramatically. It's in the 20s the next day, in the

21 teens. Everybody is bundled up, lots of fires, trying to

22 stay warm, and things along those lines.

23 But what you are going to hear is the following

24 morning they found Mike's boat. This is Mike's hunting

25 boat, duck hunting boat. As you can see, this is what

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 they call a Gheenoe. It's essentially a canoe that's

2 powered by a motor. It's got a long -- what they call a

3 go -devil, I guess it is. It's got a long shaft there

4 with a propeller on the end to get it to move through,

5 and the idea is it can move through these stump areas and

6 very shallow waters.

7 You are going to find -- you are going to hear that

8 they actually found that boat about 75 yards away from

9 where they found the Bronco. It's in another little cove

10 that's in this particular area as to where they found the

11 boat.

12 As I mentioned, it's an extremely extensive search.

13 This originally started out as a search and rescue. They

14 were hoping to find him. You will hear from Scott

15 Dungey, who is a friend of the family, a friend of

16 Mike's, he goes up in the helicopter with FWC and is

17 looking out, trying to find him hopefully on the islands

18 that are in that area. Maybe he got thrown from the boat

19 and was able to swim to safety and was just waiting to be

20 rescued.

21 As I mentioned, weather was a factor in the multiple

22 ways that they do this search. what you are going to

23 hear is unfortunately during that time period, they were

24 not able to find Mike. Mr. Williams is still missing,

25 and reality sets in that at this point it's become a

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 37

1 recovery operation.

2 what you are going to hear is that they bring out

3 search dogs. They are going to have probing poles, and

4 what those are little pvc poles where they take and they

5 push them down and they try and find Mike's body. And

6 they are trying to feel for things that give way a little

7 bit as a body would and not a tree stump, which is

8 obviously much harder. As you are also going to hear,

9 there were divers that were involved in this particular

10 search.

11 The initial search lasted approximately two weeks

12 trying to recover the body, out there every single day,

13 helicopters, dive teams, every single day for two weeks.

14 Scaled back to a degree at that particular time; however,

15 FWC was a constant presence there. They were always

16 looking, did spot checks, as well as friends that were

17 there until -- all the way until February, months later.

18 It's kind of the picture, what we're talking about

19 here, where you've got the Bronco is found, the boat is

20 found, there's a tree stump here, the tree stump here as

21 well as all of the other trees you saw and a ranger's

22 station across the way here.

23 what you are going to hear is that at the beginning

24 of the search, Scott Dungey did the poling thing that

25 we've previously talked about, and he got a little bit of

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 a give way right in this area, right off of that island

2 they thought maybe he had swam to, and you are going to

3 hear they put down bamboo sticks there to try and mark

4 that particular spot. And a great deal of the search

5 actually concentrated in this particular area. There's a

6 hole there, if you will. It's a deeper area. Most of

7 this stuff is about 4 to -- 4- to 8 -feet deep is most of

8 this particular area; however, there's a hole here which

9 is much deeper, 12 -foot range.

10 That's where he felt that initial give away, and

11 that's where they concentrated the search on. And they

12 marked it initially with bamboo sticks and trees, and

13 eventually that transformed into PVC pipes where they put

14 down for a little bit permanent aspect. So this is where

15 the search concentrated on.

16 After all of those search efforts, all of those

17 people that were out there, the constant searching, the

18 helicopters, they found a hat. That's it. Six months

19 afterwards, you are going to hear from Joe Sheffield, who

20 is a person that goes out there and avidly fishes at that

21 particular time, it's summer months now, and he's out

22 there fishing and he comes across a set of waders. And

23 he is going to describe to you what those waders look

24 like.

25 As a result, the search goes back. You are going to

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 hear from Scott Dungey as well as Alton Renew, who is

2 present. They sent a diver down to that particular

3 location, and, again, they are back at that marker, that

4 hole, that 12 -foot hole where they felt the initial push

5 and they mark with the bamboo sticks, ultimately the pvc

6 pipe. And what you are going to hear is not only were

7 there waders found, but there was a jacket found, a

8 flashlight, and a hunting license. That hunting license

9 belonged to Mike Williams.

10 It's an Arkansas hunting license is what was found.

11 These are the items that were found six months later,

12 along with the hunting license. The flashlight that's

13 found, it's one of those Maglites. It was actually still

14 functional.

15 well, what you are going to hear unfortunately at

16 that point, Mike still has not been recovered and the

17 case goes cold. At this point, this is marked as a

18 missing persons. There has been no evidence of any foul

19 play in any way, shape, or form. It's simply a duck

20 hunting/boat accident. A body was never found. There

21 were even theories of alligators possibly had eaten him.

22 Fast forward to 2003, Brian winchester. Brian

23 Winchester is a lifelong friend of Mike Williams. What

24 you are going to hear is that Brian Winchester, Denise

25 Williams, a lady name Kathy Winchester, who is now Kathy

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Thomas, they all went to school together at North Florida

2 Christian. And you are going to hear that over the

3 years, Brian and Kathy got married, Denise and Mike got

4 marri ed.

5 They had a couple -- did a couple of things

6 together. They would go out and they would go to

7 concerts together. They would go over to each other's

8 houses. They even had kids roughly around the same time.

9 Mike and Denise had a little girl. Brian and Kathy had a

10 little boy. But following all of this, in 2003, Brian

11 Winchester and Kathy Winchester are now getting divorced,

12 and now Brian and Denise, Mike's widow, are now starting

13 to date.

14 There are suspicions and law enforcement takes

15 another look. Now, keep in mind, it's not 2018. we're

16 talking about 2000. okay. we're talking about an

17 investigation, and what we're talking about with records

18 and things along those lines, this is the days of flip

19 phones and Nokia phones. These are the days in which you

20 still got phone calls at your house. You had the

21 answering machine where you had to push the button and

22 listen that you didn't have any messages from all of your

23 friends.

24 Not today. Records back then, people called each

25 other at the house. Home records, the phone records back

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 41

1 then consisted of long distance calls only. Any phone

2 records regarding the local calls, you would get the bill

3 and the bill would say local service, but it never gave

4 you the breakdown of calls like we do now with the cell

5 phones. You had to go back, and the only breakdown you

6 actually had were the long distance calls. So, phone

7 records are much different than they are today.

8 So, we go back to 2000, and we are trying to get

9 this information. Also, texting -- texting was back in

10 the day where there's Nokia phones and flip phones, we

11 didn't have the keyboard. They actually had to type out

12 the text message, AAA, BBB, CCC, in order to get the

13 letters in order to get going.

14 But law enforcement tries to get phone records.

15 It's too late. At this point -- keep in mind, this was

16 not a homicide investigation. It wasn't even a missing

17 person or -- it wasn't a suspicious person's

18 investigation. It was simply a boating accident. At the

19 time of the event, nobody realized that we would get to

20 where we are today. This was a missing person

21 investigation. As a result, it was not a homicide

22 investigation.

23 when they realized there were possible suspicious

24 circumstances and they reclassified it from a missing

25 person to a suspicious situation, phone records had been

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 42

1 purged. They only keep them for so long.

2 what they were able to do is go back and get life

3 insurance policies and life insurance information on Mike

4 williams, and what they found out is that Denise williams

5 was paid out $1.75 million as a result of his death. She

6 was the sole beneficiary. No one else.

7 You are then going to hear in 2005, Brian and Denise

8 get married. At this point, there are definitely

9 suspicions going on, but there's no evidence other than

10 what you've heard and the case goes cold again. At this

11 point, it has been reclassified as a suspicious death or

12 a suspicious person's -- a suspicious case, but nothing

13 has developed.

14 The years between 2012 and 2016, Brian and Denise

15 start to get a separation. They buy a house, $650,000,

16 off of Lake Jackson, but they'd never lived in it. They

17 remain separated for four years. Then 2016, everything

18 changes.

19 In August of 2016, Brian winchester, in the early

20 morning hours, frustrated with the separation, frustrated

21 with the way the marriage is going, frustrated with

22 Denise, crawls into the back of her home at her home. He

23 does so with a firearm, and he orders her to drive

24 somewhere. Denise, you are going to hear, talks him out

25 of going to that particular area and ends up going to a

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 43

1 CVS Pharmacy on the north side of town instead. Somehow

2 she's able to do that. And you are going to hear they

3 have a long conversation about multiple things. And you

4 are going to hear from Brian winchester, and he's going

5 to tell you what they talked about.

6 And what you are going to hear is they separate at

7 that point and Denise talks him into letting her go. And

8 he does, and they are going to talk later on that evening

9 is the plan. The agreement is she is not going to go to

10 law enforcement, but she does.

11 You are actually going to hear that Dave McCranie,

12 who is the brother-in-law of Denise Williams now, is a

13 law enforcement officer at the Tallahassee Police

14 Department, and he gets on the phone with her and talks

15 her through what to do and takes her all the way to the

16 Leon County Sheriff's Department, on the phone with her

17 the whole way.

18 when she gets to the Leon County Sheriff's

19 Department, she reports that she was kidnapped, and now

20 Brian Winchester is charged with kidnapping, aggravated

21 assault with a firearm, and this carries a potential life

22 imprisonment.

23 On October 2017, Brian Winchester gives a statement

24 to law enforcement and confesses to murdering Mike

25 Williams. What he tells us is that prior to the death,

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 in 1997, there's a Sister Hazel concert at the Floyd's

2 Music Shop, which is off of Tennessee Street at the

3 Tennessee Strip, as it's commonly referred to, right

4 there by Florida State university, and there's a Sister

5 Hazel concert. And they were there, and they actually

6 were there with a couple of other people, including Mike,

7 but that's when everything started with them. At that

8 point -- on that day is when they're starting, and the

9 relationship began in 1997, three years prior to Mike's

10 death.

11 He talks about the insurance policies. He tells the

12 law enforcement about these insurance policies.

13 Interestingly enough, one of the insurance polices --

14 there are actually three individual policies, one for $1

15 million, one for $500,000, and one for $250,000.

16 what he tells law enforcement is that the $1 million

17 policy was actually written by Brian Winchester himself.

18 He was an insurance salesperson by trade. And about six

19 months before his disappearance or his murder, that Brian

20 Winchester and Mike Williams talked about getting this

21 particular policy and the amounts associated with it.

22 And Brian is going to tell you the intention is that he's

23 going to get this $1 million policy, and what he's going

24 to do then is allow that $500,000 policy, which was the

25 previous one to lapse, but it doesn't lapse until March

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 45

1 of 2001.

2 what he is also going to tell you is that during

3 that time period of writing that policy, there's

4 discussion between him and Denise about how they can be

5 together. Keep in mind at this point, they've been

6 dating two years behind the backs of Mike and Kathy,

7 their respective spouses.

8 So they talk about it for a long time, different

9 scenarios go. Denise didn't want to be a divorcee.

10 Going to North Florida, there are very religious

11 families. Didn't like the stigmatism or the stigma of

12 being a divorcee.

13 They talked about possibly killing both Mike and

14 Kathy. There was a discussion about going out fishing on

15 the boat offshore and that somehow Mike and Kathy would

16 fall overboard and miraculously Denise and Brian would be

17 the ones that were rescued, and, therefore, be together.

18 Brian says no. He says,I don't want to kill the

19 mother of my child. Apparently killing his best friend

20 is okay, but killing the mother of his child was not. So

21 they settled on killing just Mike. Denise likes the

22 sound of being a widow much more than a divorcee. The

23 widow gets sympathy from the community, the center of the

24 attention, and they talk about how to do it.

25 Go back and talking about the insurance policy, time

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 is of the essence -- I'm sorry. That should have been

2 the $500,000, I guess, expires. At this particular time,

3 you've got the $1 million policy, the $500,000 policy,

4 and the $250,000 policy all in play -- all in play. That

5 $500,000 policy is going to expire in March. So, if they

6 are going to do it, why not do it at the time when they

7 get the most payout? 1.7 sounds better than 1.25.

8 Had to look like an accident. Obviously, can't be

9 caught with a murder; so they had to make it look like an

10 accident. Just so happens, not long before this, Brian

11 went hunting with Mike -- they go hunting regularly.

12 They went up to Arkansas. Remember, we found the

13 Arkansas license in the waders six months later.

14 At that particular time, one of the things that

15 happened is Mike fell out of the boat. Now, it's an

16 interesting situation. whenever these duck hunters go

17 out and hunt, they wear waders. waders are notorious for

18 situations in which the person falls overboard and they

19 fill up the wader with water and you drown. So that's

20 the idea they came up with, that what they're going to do

21 is push him overboard, Mike's going to go -- Brian is

22 going to go hunting with Mike in the morning in the dark,

23 he's going to push him overboard, the waders are going to

24 fill up with water, and he's going to drown.

25 what you hear is that this was actually supposed to

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 47

1 happen the week before. Remember, he went missing -- he

2 was murdered on December 16th, 2000. it was actually

3 supposed to happen the week before. Brian gets a call

4 from Denise calling it off, says, No, backing out of it.

5 During that week, they discuss it. Plans are made

6 between Denise and Mike to go to Apalachicola to

7 celebrate their anniversary. There's even conversations

8 possibly of a new baby that Mike wants. Denise secretly

9 is in a relationship with Brian, doesn't want to go on

10 this trip. The pressure is mounting. Insurance policy

11 is expiring. They talk about it throughout the week, and

12 the plan is back on.

13 So, when they start talking about how to do this

14 thing, they limit the conversations between them. They

15 are mindful of records, they are mindful of getting

16 caught, and they set up their alibis. Denise is supposed

17 to stay home, of course. She has got an 18 -month -old

18 child at this particular time, so she's supposed to stay

19 home, make phone calls so everybody knows where she's at.

20 Brian sets up an alibi where he is actually supposed

21 to go hunting with Kathy -- his wife's father, his

22 father-in-law, and he's supposed to meet up with him and

23 go hunting with him later on that morning. And what the

24 plan is, is that he will go with Mike hunting, commit the

25 murder, Mike drowns, leave him there, drive back and meet

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Kathy's father for his alibi.

2 So, after they set up all of this and establish what

3 their alibis are going to be, Brian kills him. He's

4 going to tell you how it happened. That he actually

5 followed him to Lake Seminole. They didn't drive

6 together. They met up at a gas station and then actually

7 followed each other there. That was important because he

8 needed two cars there: One to get away, and, of course,

9 one to leave at -- Mike's Bronco there to make it look

10 like Mike had gone out there hunting solo and had been in

11 an accident.

12 So, they get in the boat together. You are going to

13 hear Brian say that he talked Mike into actually putting

14 the waders on. One of the things that some duck hunters

15 do is they won't wear the waders in the boat because of

16 the dangerous aspect of them. But they conversate and he

17 convinces him to put the waders on before they head out.

18 So now they're heading out and they've got the

19 waders in the boat. Brian pushed him over, but it didn't

20 go as planned. Brian is going to tell you what happened

21 next is he looks over there -- and it's dark. It's

22 4:00 in the morning, and I think they've got a little

23 headlamp on for a light. And what he's able to see is he

24 believes that Mike is able to get out of waders and now

25 he's not drowning like he is supposed to. As a result,

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Brian picks up a shotgun and shoots him in the head.

2 He is going to tell you at that point he knew that

3 the plan of showing -- of making it look like an accident

4 was certainly out of the equation if he leaves the body

5 there; so he takes him and he drags him to the shoreline

6 and he actually drags him to the area right across --

7 there's another landing right there by where that ranger

8 station is that we looked at earlier, and he drags him to

9 shore and he loads him up in the back of his Suburban.

10 At this point, he said he pulled the jacket over his head

11 so that way he doesn't have to look at his friend that he

12 had just killed.

13 At this point, he's taken much longer than he has

14 anticipated and his alibi with his father-in-law was

15 blown. So, instead, he goes all the way home with Mike

16 in the back of his truck and crawls in bed with his wife

17 Kathy, trying to establish an alibi or reestablish an

18 alibi at that point.

19 Later on that day, you are going to hear that he

20 took Mike to Carr Lake and actually buried him. And at

21 this point, October of 2017, we know that Mike is no

22 longer missing. He has been, in fact, been murdered.

23 what you are going to hear, as I said, he took him

24 to Carr Lake. Carr Lake is up here on the north side of

25 Tallahassee, near Ox Bottom, and I think that's

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 50

1 Summerbrooke right in that area, Bannerman Road up there

2 on the north side of Tallahassee. And you are going to

3 hear that he drove him down this road. At the end of

4 this road is a little landing and a boat ramp. Behind

5 these trees is where he buried him.

6 At that time, Carr Lake was actually a lot lower.

7 There was not as much water in there, and he was able to

8 walk into this particular area. It was dry, and he dug a

9 hole and he buried him.

10 You are going to hear that over the years, Carr Lake

11 filled back up with water, and you are going to hear

12 following the confession, Brian Winchester took law

13 enforcement out to the location and showed them where he

14 was buried.

15 Law enforcement is in a very unique situation. How

16 do you find the remains that are underneath the lake?

17 They have to cut away all those trees you just saw. They

18 have to build what they call a cofferdam in order to

19 block the water, and they have to pump the water out.

20 And there they found Mike exactly where Brian said he

21 would be. His boots are still on. Amazingly, the boxers

22 are still bright red.

23 An autopsy is conducted, x-rays are taken, and all

24 of these little dots are all of the birdshot, shot in the

25 head just like Brian said. Mike still had his wedding

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 51

1 ring on.

2 Now, obviously this renews the investigation. Law

3 enforcement starts working it. They go back. They try

4 and verify and refute the things that Brian said, and you

5 are going to have an opportunity that they are

6 witnesses -- to hear from witnesses that saw Brian and

7 Denise together before this went public, before their

8 relationship went public in 2003. of course, the body

9 was found exactly where Brian said it was in the manner

10 in which Brian said it would be.

11 You are going to hear that in December of 2017, law

12 enforcement announced that a body had been found. The

13 body had actually been found a month later -- a month

14 earlier. There was an excavation that was done trying to

15 find the body, as we already looked at.

16 what we also know after that time is that law

17 enforcement was able to secure the source. They went and

18 talked to Kathy winchester, now Kathy Thomas. Now, Kathy

19 has remained friends, very close friends with Denise all

20 of these years. Despite the fact that Denise was now

21 married to her ex-husband, they still remain friends and

22 they talked on a regular basis. But at this point, Kathy

23 agrees to discuss and work with law enforcement.

24 what she tells law enforcement is she actually had

25 sexual relations with Kathy -- I mean, with Denise and

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 52

1 Brian together in Panama City prior to Mike's death.

2 Keep in mind what Brian said. Brian said the

3 relationship started three years prior to Mike's death.

4 what she also says is that shortly after Brian's

5 arrest, Denise sent her a message -- told her to send a

6 message. And what Denise told Kathy was tell Marcus --

7 Marcus is Brian Winchester's father, Marcus Winchester,

8 tell Marcus to tell Brian that I didn't say anything to

9 Florida Department of Law Enforcement. Say anything

10 about what? Why would that be a message that you would

11 have to send?

12 Law enforcement then works with Kathy to try and

13 record conversations between Kathy Winchester, now Kathy

14 Thomas, and Denise, now Winchester. And you are never

15 going to hear flatout admissions. She never says, yeah,

16 I was involved in the murder. You are never going to

17 hear that. But what you are going to hear is that Kathy

18 confronts Denise about that statement on the recording.

19 And she says, I remember you told me that. Denise says,

20 Yeah. Again, why make that statement unless Brian

21 Winchester and her were involved in this all along?

22 And in the end, you will have an opportunity to hear

23 that. We will play that recording for you. In the end,

24 the State is going to ask you to end the 21 years,

25 3 years, plus the 18 years of those sex, lies, and deceit

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 53

1 and find her guilty of these particular crimes. Thank

2 you.

3 THE COURT: Let's take 10 minutes. Let the jury

4 step out.

5 Either side need anything?

6 MR. FUCHS: No, sir.

7 MR. WAY: No, Your Honor.

8 THE COURT: All right. We will take 10 minutes.

9 (Break taken.)

10 THE COURT: I should have done this earlier. I'm

11 sorry. But does either side have an objection to the

12 instructions that I gave to the jury that we had

13 discussed this morning?

14 MR. FUCHS: No, Your Honor.

15 MR. WAY: No, Your Honor.

16 THE COURT: All right.

17 MR. FUCHS: Your Honor, I have handed the clerk a

18 copy of the PowerPoint presentation I just did for the

19 court record purposes. I don't know how you want to mark

20 that, but it is -- she has that.

21 THE COURT: Why don't we just mark it Court

22 Exhibit 2.

23 THE CLERK: Yes, sir.

24 THE COURT: And Court exhibits, you know, do not go

25 to the jury. That's why you are designating them that

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 54

1 way.

2 Ready for the jury?

3 MR. FUCHS: Yes, Your Honor.

4 MR. WAY: Yes, Your Honor.

5 THE COURT: Let's have the jury, please.

6 MR. WAY: If you recall, Your Honor, Mr. Padovano

7 will be making the opening for the defense.

8 THE COURT: Okay.

9 (Jury in.)

10 MR. FUCHS: Defense may proceed with opening.

11 MR. PADOVANO: Thank you, Your Honor.

12 And, good morning.

13 THE JURORS: Good morning.

14 MR. PADOVANO: Let me begin by saying that there is

15 no dispute about the fact that Mike Williams was

16 murdered. The evidence is going to show beyond any doubt

17 that he was shot in the face and killed by Brian

18 Winchester, a man he thought was his friend.

19 Brian Winchester is not on trial. In fact, he has

20 never even been charged with the murder. He is going to

21 testify here as a witness, and there's an important part

22 of that that you haven't heard yet that I want -- but

23 that will be in evidence, and I want to tell you about

24 it, and that's the fact that he is going to be testifying

25 under a grant of immunity. And what that means in this

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 55

1 particular case, the kind of immunity that was given to

2 him is that he will be able to say -- he will be able to

3 testify as he pleases about this without any fear that

4 the State will be able to use that testimony against him.

5 Now, the immunity agreement is such that the State

6 can't use leads or hints or clues that were developed

7 from that testimony. So, he has not been charged. And I

8 think it's fair from the evidence to conclude that it's

9 not likely he will ever be charged for this murder, but

10 he's here as a witness and he's going to testify that

11 Denise Williams helped him plan the murder.

12 And I will just say right now,I think the fact --

13 the facts that were outlined by Mr. Fuchs about what

14 Mr. Winchester says are fairly accurate. That's what I

15 think he is going to say. That's not the issue you are

16 going to have to decide.

17 The issue you are going to have to decide is whether

18 to believe him. His testimony in this case is -- and I

19 should say also that what -- as -- the facts as Mr. Fuchs

20 related them are pretty much the sum and substance of all

21 of the evidence against Denise williams. There isn't

22 anything else besides that.

23 Brian Winchester's testimony is totally

24 uncorroborated. In plain English, there isn't anything

25 to back it up. You are not going to hear evidence from a

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 56

1 witness who said that he or she saw Denise Williams

2 participating in the planning or the execution of this

3 murder. You are not going to hear any witness talk about

4 DNA evidence or fingerprint evidence. There's no

5 tangible evidence or physical evidence to connect Denise

6 williams to this crime. No confession. No admission.

7 Nothing. All you are going to have to go on is the word

8 of a man who actually committed the murder.

9 Now, of course, you're going to hear testimony about

10 Denise Williams and her family. Denise Williams and Mike

11 Williams knew each other from childhood, and they dated

12 each other through junior high and high school and

13 college. And they maintained a longterm relationship

14 with the Winchesters, Brian winchester and his wife Kathy

15 winchester, who was then Kathy Thomas. The four of them

16 were classmates together at North Florida Christian, and

17 also they were classmates together at Florida State.

18 Now, Mr. and Mrs. Williams got married in 1994, and,

19 by all accounts, they had a happy marriage. The evidence

20 is not going to suggest any reason why Mrs. Williams

21 would have been unhappy with her husband. Mike Williams

22 was a good husband, he was a good father, and he was most

23 certainly a good provider.

24 You are also going to hear testimony from people who

25 knew Mike Williams during this time period: his financial

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 57

1 advisors, his friends, his insurance agents. Ther&s not

2 going to be any proof of any kind that -- no evidence

3 that any of these people heard or saw to suggest that

4 Denise williams was having any sort of marital problem

5 with Mike williams. You are simply not going to see any

6 evidence of that.

7 Now, Mr. and Mrs. Williams had a daughter, Ainsley,

8 who was born in May of 1999, and a few months after that,

9 Mike Williams ended up wanted to investigate the

10 possibility of increasing his insurance. And so he had

11 some conversations about that with a financial advisor, a

12 man named Williams Dick Ganey. Mr. Ganey advised

13 Mr. Williams that he should have at least a million

14 dollars in life insurance. And so Mr. Williams -- and I

15 should point out that Mr. Williams also had a policy that

16 was written by the Winchesters. And I say the

17 Winchesters. Brian Winchester and his father, Marcus

18 Winchester, were insurance agents, and they had sold Mike

19 Williams a policy before, a smaller policy.

20 So, when Mike Williams got this advice from

21 Mr. Ganey, he went back to the Winchesters to buy an

22 additional policy. And Marcus Winchester did, in fact,

23 sell him a $1 million life insurance policy. And at that

24 point, he was -- that policy, together with the two that

25 he already had, he had coverage -- insurance coverage in

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 the amount of $1,750,000. But you are going to hear

2 evidence that this was not too much insurance for a

3 person in Mike williams' financial situation.

4 Mr. williams was employed as a real estate appraiser

5 with the Ketchum Agency, and he was earning $185,000 a

6 year, approximately $185,000 a year.

7 Denise Williams did not -- there's no evidence that

8 Denise Williams participated in any of these discussions

9 about the insurance, and there's no evidence that she did

10 anything to influence her husband Mike to buy this

11 insurance. The only evidence you are going to hear on

12 this point was that the matter was initiated by Mike

13 Williams himself, with the advice of his advisor,

14 Mr. Ganey, his friends, and with the assistance of two

15 insurance agents, Brian Winchester and his father, Marcus

16 Winchester.

17 At this point, I would like to give you a brief

18 synopsis of what Mr. Brian Winchester's version of the

19 murder is, how it came to be. He is going to tell you

20 that he and Mrs. Williams wanted to be together but that

21 she was opposed to divorce for religious and personal

22 reasons. She was not willing to get a divorce from her

23 husband Mike, and so, according to Mr. Winchester, they

24 decided that the only thing they could do was kill him.

25 This is what he is going to tell you.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 59

1 So, they settled on a plan to have Mr. Winchester go

2 out hunting with Mr. williams, and Mr. Winchester --

3 Mr. Winchester was going to make sure that Mr. Williams

4 was wearing these bib waders. And I don't know how

5 familiar you might be with that, but it keeps the bottom

6 half of your body dry if you are wading in the water.

7 But he was going to make sure that Mr. Williams was

8 wearing these bib waders while he was in the boat, and he

9 was going to wait for a point in time when Mr. Williams

10 would stand up in the boat and then he was going to push

11 him over. And the idea was that water would fill up in

12 the bib waders and Mr. Williams would not be able to keep

13 his body above the surface to get air. That was the

14 plan.

15 So, Mr. Winchester is going to say that Denise --

16 that Denise Williams' role in the plan was to give her

17 wife -- give her husband, I'm sorry, Mike Williams

18 permission to go hunting. And even by his testimony,

19 that's what he says her role was, to give permission,

20 give Mike permission to go hunting.

21 So, they were supposed to go out hunting on

22 December 9th, 2000. But in my recollection of these

23 facts -- not my recollection, but my expectation about

24 these facts is a little bit different from what Mr. Fuchs

25 presented.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 I think what you are going to hear is that

2 Mr. Williams called Mr. Winchester and said, I can't make

3 it. And then Mr. winchester called Denise Williams and

4 said, Hey, what gives? You know, we were supposed to go

5 out on this. We were supposed to do this thing on this

6 occasion. And at the point Mr. -- Mrs. Williams is

7 reported as saying that she had gotten cold feet, told

8 her husband he couldn't go hunting.

9 So, Mr. Winchester then revived the plan for the

10 following week, and what you are going to hear in that

11 interim would be the week between December 9th and

12 December 16th is that there was very little contact

13 between Brian Winchester and Denise Williams. virtually

14 all of the contact was between Brian Winchester and Mike

15 williams. They set up the plan where to meet. They were

16 going to meet at a gas station near 1-10, and they were

17 going to drive -- Mr. Williams in his truck and boat and

18 trailer and Mr. Winchester in his Suburban -- out to Lake

19 Semi nol e.

20 when they got out there, they launched the boat, got

21 out into the water, Mr. Winchester waited for a point in

22 time when Mr. Williams would stand up, and he pushed him

23 out of the boat.

24 But the plan didn't work out exactly as

25 Mr. Winchester expected it to. Mr. Williams, as it

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 61

1 turned out, was able to get out of the waders and he

2 started swimming back toward the boat. At that point,

3 Mr. Winchester picked up his shotgun and he shot

4 Mr. Williams in the face. The body started to sink.

5 Mr. Winchester grabbed the body and -- by one arm and

6 pulled it up alongside the boat, piloted the boat with

7 his other hand -- this is the story, according to

8 Mr. Winchester -- piloted the boat with his other hand

9 back to the shore.

10 Then he picked up Mr. Williams and loaded him in the

11 back of his Suburban, went home. Later that day,

12 Mr. Winchester went to Walmart and he bought a shovel and

13 a tarp, and he took Mr. Williams' body out to Carr Lake,

14 just off of Meridian Road, and buried him in a shallow

15 grave. Then he went home and he -- went home and he

16 cleaned out his Suburban with some bleach.

17 i preference this account by saying this was

18 Mr. winchester's version of how this murder occurred. I

19 think when you hear the evidence, you are going to have

20 some questions about whether it happened where it -- he

21 said it happened, whether it happened the way he said it

22 happened. But what I think is not in question is that he

23 did, in fact, shoot and kill Mike Williams. And there's

24 no evidence, absolutely no proof that Denise Williams had

25 anything to do with that or that she even knew about it.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 62

1 Now, Mr. Fuchs mentioned that when Mr. Winchester

2 was -- was finally, I guess, apprehended, he said that he

3 was having an affair with Denise Williams in the three

4 years before the murder was committed. Well, he is going

5 to say that, but you are also going to hear from law

6 enforcement investigators who will tell you that they

7 were not able tofind any evidenceof any affair.

8 Two of themain investigatorsin this case were

9 Tully Sparkman,an investigator forthe state attorney's

10 office, and MikeDevaney, who was atthat time a special

11 agent for the FloridaDepartment ofLaw Enforcement.

12 Both of these men worked on this case extensively, and

13 both of them will tell you that they were not aware of

14 any evidence, other than what Brian Winchester says, that

15 Denise Williams was having an affair with Brian

16 Winchester prior to December of 2000.

17 So, you are not going to see any phone records to

18 verify that Denise Williams was calling Brian Winchester

19 or vice versa. You are not going to see any security

20 camera footage of them going in and out of buildings.

21 You are not going to hear from any witnesses that they

22 saw them in a private setting. You are not going to see

23 credit card receipts for dinners or hotel bills. What

24 you are going to hear and all you are going to hear, all

25 you are going to hear, is that Brian Winchester claims

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 63

1 that he was having an affair with Denise Williams.

2 Now, Brian winchester was, of course, a friend of

3 Denise williams and also with her husband Mike williams.

4 He and his wife Kathy went out with Brian and Denise on

5 many occasions, and there was some occasions, the

6 evidence will show, where Brian and his wife Kathy and

7 Denise went out, just the three of them.

8 I think if anything, the evidence is going to show

9 that the relationship between these parties, the

10 relationship that Denise Williams had with Kathy

11 Winchester was much closer than the one that she had with

12 her husband Brian. Kathy and Denise were close friends

13 in the years -- well, before and after Mike Williams

14 disappeared, and they continued to be close friends for

15 many years after that.

16 we are going to present some evidence in this case

17 that is going to flatly contradict what Mr. Winchester

18 says, that his claim -- his claim that he was having an

19 affair with Denise Williams and that they cooked up this

20 plan to kill Denise's husband so that they could be

21 together. The evidence to contradict that, two main

22 things -- and I'm going to go through it with you.

23 One of the main things is that there is strong

24 evidence in this case that Brian Winchester tried very

25 hard to stay married to his own wife after the murder,

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 and Denise williams had a serious relationship with

2 another man after the murder.

3 So, after 2000, I think in -- several years after

4 the disappearance of Mr. williams -- well, actually,

5 Kathy Winchester and her husband Brian were having some

6 marital trouble all along pretty much,I think starting

7 even before the disappearance of Mike Williams.

8 But, anyway, a few years after that disappearance,

9 they were in more serious marital difficulty. I guess

10 facing a divorce. And you are going to hear evidence

11 that Brian Winchester tried very, very hard to reconcile

12 so that he could stay with his wife, Kathy Winchester.

13 But Kathy Winchester was bent on getting a divorce. And

14 she wanted to go through it -- through with it, and so

15 they got divorced.

16 she's going to tell you that at the final hearing,

17 final divorce hearing, Brian winchester, the man who was

18 supposed to have done this to be with Denise, was sitting

19 in the back of the room sobbing, begging her, begging her

20 not to go through with the divorce. He wanted to stay

21 married to her. We're going to ask him about that.

22 We're going to ask him to explain that.

23 And the other thing I mentioned is that Denise

24 Williams had a relationship with another man. That's a

25 man named Charles Bunker. You will hear from him too.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 65

1 That started a couple of years after her husband

2 disappeared. Mr. Bunker was a coworker, and that

3 relationship developed, as many do, sort of in more of a

4 friend way to begin with. But then as it went along, it

5 got more serious, and, you know, they had some things in

6 common.

7 Mr. Bunker was a single parent. He was caring for a

8 child and so was Denise. But during the course of this

9 relationship, there were occasions where Brian Winchester

10 threatened Mr. Bunker, and you are going to hear about

11 that.

12 On one occasion, Mr. Bunker went with Denise to

13 Atlanta -- on a trip to Atlanta, and Mr. Winchester

14 showed up unexpectedly at their hotel room and threatened

15 them both. Mr. Williams -- I mean, Denise Williams tried

16 to smooth things out with him to calm him down. But this

17 went on for some time, and eventually the relationship

18 between Charles Bunker and Denise Williams came to an

19 end.

20 Now, Mrs. Williams did eventually marry Brian

21 Winchester, but that was five years later, five years

22 after her husband disappeared, and the evidence that you

23 are going to hear will put this in the proper context.

24 She knew Mr. Winchester from high school and college.

25 They had been friends for many years. Mr. Winchester's

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 son, Stafford, was about the same age as Mrs. Williams'

2 daughter, Ainsley. They were friends.

3 Before that, before the marriage, Denise Williams

4 laid down some very strict rules. Brian winchester had

5 to be baptized. In fact, he was. Brian winchester had

6 to go through a yearlong premarital program at

7 Mrs. winchester's church. These were conditions that

8 Denise williams insisted on before she married Brian

9 winchester.

10 Now, that marriage didn't end well. They separated

11 in 2012 at Mrs. williams' insistence. And in 2015, Mr.

12 -- Denise Williams filed for divorce. There were many,

13 many efforts on the part of Brian Winchester to save his

14 marriage with now Denise williams. He couldn't do that,

15 and there came a point in time where she wasn't speaking

16 to him. So, in a final desperate attempt to save his

17 marriage, he decided that he would kidnap Mrs. Williams.

18 On the morning of August 15th, 2016, about 2:30 in

19 the morning, he climbed into the back of her suv, armed

20 with a gun -- I mean, the cargo area of the Suv armed

21 with a gun, waiting for her to get up to go to work. She

22 did eventually get up and go to work, get in the car, and

23 when she realized that he was in the car, she screamed.

24 Now, Mr. Winchester is going to say that he only

25 wanted to talk to Denise williams. He only wanted to try

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 67

1 to reconcile. But he had a handgun, and you should also

2 know that he had a tarp and two containers of bleach in

3 the cargo area. He put them there. They weren't in the

4 Suburban. He put them there, but he says he only wanted

5 to talk to her.

6 Now, fortunately, she was able to calm him down with

7 the promise -- I guess that they were going to try to

8 work things out. She had no intention of doing that,

9 none whatsoever. She went straight to the police, and he

10 was arrested for armed kidnapping.

11 And we're going to present evidence in this case to

12 show you that Mr. Winchester has a motive to lie to you,

13 that he has a motive to make up this accusation against

14 Mrs. Williams. He didn't mention anything about her

15 alleged participation in this murder until after he

16 realized that he was facing a life sentence for

17 kidnapping. He didn't mention it until after he realized

18 that Mrs. Williams was going to go into court and ask for

19 a life sentence, and at that point he made an agreement

20 with the State for immunity. And we're going to talk

21 about that, and we're going to give you all of the

22 details about that in the trial.

23 But just a thumbnail sketch of it, the agreement for

24 immunity essentially ensured that Mr. Winchester would

25 not get a life sentence or that the State wouldn't ask

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 for a life sentence on the charge of kidnapping, and it

2 also ensured -- guaranteed that anything he said about

3 the disappearance of Mike williams could never be used

4 against him. So, that is what he gained by the

5 agreement. In return, of course, he is going to give

6 testimony, and the testimony is going to give -- it's

7 going to be pretty much what Mr. Fuchs outlined about

8 Denise Williams.

9 There's one other -- there's one other aspect of

10 this that goes to his motive, and I want to discuss it

11 with you. It was not only a desire to get a much lighter

12 sentence or to get off of a sentence on the murder case

13 altogether for that matter, but it was also a sense of

14 revenge, and there's evidence of that that you are going

15 to hear.

16 we're going to ask Mr. Williams -- Mr. Winchester,

17 I'm sorry, why he would make a statement like this

18 against Mrs. Williams. And I expect him to say that he

19 felt as though Mrs. Williams threw him under the bus by

20 turning him in for kidnapping and that he should now

21 throw her under the bus. This is what I expect him to

22 tell you.

23 So, that's the case before you. You are going to

24 hear about the multiple investigations in this case. You

25 are going to hear about the lives of all of these

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 witnesses over the last 18 years. what you are not going

2 to hear is any credible evidence that Denise williams

3 participated in this murder. On that point, you are

4 going to have to rely enti rely on the word of a murderer

5 and a convicted felon.

6 Now, we're going to have a chance to come back up

7 and speak to you again at the close of all of the

8 evidence in the case. By then you are going to have more

9 than a reasonable doubt about the guilt of Denise

10 williams, and we are going to ask you then to find her

11 not guilty. Thank you.

12 THE COURT: Call your first witness, Mr. Fuchs.

13 MR. FUCHS: Yes, Your Honor. The State would call

14 Greg Morris.

15 THE COURT: If you would face the clerk and be sworn

16 please, sir.

17 whereupon,

18 GREG MORRIS

19 was called as a witness, having been first duly sworn, was

20 examined and testified as follows:

21 THE COURT: Have a seat and slide up to the

22 microphone please, sir.

23 You may proceed.

24 MR. FUCHS: Thank you, Your Honor.

25 DIRECT EXAMINATION

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 70

1 BY MR. FUCHS:

2 Q Good morning, sir.

3 A Good morning.

4 Q Can you please introduce yourself to the jurors?

5 A My name is Greg Morris.

6 Q Okay. And, Mr. Morris, are you currently employed?

7 A No. I'm retired.

8 Q okay. where are you retired from?

9 A Fish and wildlife.

10 Q what is Fish and wildlife?

11 A Florida Fish and wildlife Commission.

12 Q Okay. And what does that agency do?

13 A we patrol the woods and waters of the State.

14 Q okay. when you say you patrol, are you law

15 enforcement?

16 A Yes.

17 Q Or,I guess, law enforcement before you retired?

18 A Yes.

19 Q Okay. How long did you work with FWC?

20 A Twenty-seven years.

21 Q Okay. And when you say you patrolled the woods and

22 waters of the state, what exactly did you do?

23 A we checked for hunting and fishing violations,

24 boating safety issues, anything that occurs on the woods or

25 water that is regulated by the State.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 71

1 Q Okay. And when you worked with FWC, specifically

2 I'm talking about in December of 2000, where were you

3 assi gned?

4 A I was patrolling in the woods areas (sic) of Jackson

5 County on that day, and I received a call from our dispatcher

6 in reference to an overdue duck hunter on Lake Seminole.

7 Q Okay. Do you remember about what time of day it was

8 that you got that call?

9 A It was about 2:30 in the afternoon.

10 Q So, in the afternoon hours?

11 A Yes, sir.

12 Q Okay. Based upon that call -- first of all, let's

13 talk about this. where is Lake Seminole?

14 A Lake Seminole is in -- north of Sneads, Florida.

15 And this call was in reference to an area that was a little

16 boat launch area north of Sneads on River Road.

17 Q okay. Is that on the east side or the west side of

18 Lake Seminole?

19 A That would be the west side of Lake Seminole.

20 Q okay. And when you say Sneads, where is that in

21 relation to Tallahassee?

22 A Sneads is about 60 miles to the west of Tallahassee.

23 Q okay. And, based upon the call that you received,

24 did you respond to that area?

25 A Yes.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 72

1 Q Okay.

2 A I responded to that area and contacted a Mr. Merrell

3 at that location.

4 Q okay. And were you given the name of the person

5 that you were -- supposedly who was overdue?

6 A Not by dispatch. Dispatch just advised me to meet a

7 gentleman at the boat launch area north of Sneads.

8 Q Okay. And that would be Mr. Merrell?

9 A That was Mr. Merrell, yes.

10 Q Did you later determine -- or were you able to later

11 determine who it was you were looking for?

12 A Yes. In my conversation with Mr. Merrell, he

13 explained to me that his son-in-law, Mike williams, had gone

14 duck hunting that morning and had failed to return when he was

15 expected back home.

16 Q okay. when you arrived at that area where

17 Mr. Merrell was at, did you see anything there? vehicles,

18 boats, anything like that?

19 A Yes. Besides Mr. MerrelVs vehicle, there was a

20 Ford Bronco there with a boat trailer hooked behind it. And

21 Mr. Merrell indicated to me that that was Mike williams'

22 vehicle.

23 Q okay. At the time, was there any boat on that

24 trailer?

25

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 73

1 Q Okay. And, based upon finding that, what did you

2 next do?

3 A I got -- I did not have a boat with me at the time,

4 so I got Mr. Merrell to get in my vehicle, my patrol vehicle,

5 and we went around to various vantage points on the lake that

6 we could access by vehicle and did a visual search with

7 binoculars to see if we could see any sign of the missing

8 person.

9 Q Okay. And were you able to find a sign of the

10 missing person?

11 A No, we did not see any sign of him.

12 MR. FUCHS: Okay. May I approach the witness, Your

13 Honor?

14 THE COURT: You may.

15 BY MR. FUCHS:

16 Q I'm showing you what has been previously marked as

17 State's Exhibit 1A through D, Composite. I would ask you to

18 take a look at these without showing it to the jury, please.

19 Do you recognize those items?

20 A I recognize the Ford Bronco and the trailer as the

21 one that was at the scene on that day.

22 Q okay. And I believe those are the photographs that

23 are depicted in State's Exhibit A and B,1A and B; correct?

24 A Correct.

25 Q okay.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 74

1 THE COURT: Before you show them to the jury,

2 though, we need to offer them into evidence.

3 MR. FUCHS: Yes, sir. I was turning it on while I

4 was doing that.

5 Your Honor, at this time, I would move State's

6 Exhibit 1A through D into evidence.

7 THE COURT: Any objection?

8 MR. WAY: No objection, Your Honor.

9 THE COURT: 1A through D will be admitted.

10 (State's Composite/Exhibit Nos. 1A - 1D received in

11 evidence.)

12 MR. FUCHS: And permission to show?

13 THE COURT: You may.

14 MR. FUCHS: There we go.

15 BY MR. FUCHS:

16 Q This is a photograph of the Bronco that you saw on

17 that day?

18 A Yes.

19 Q And isthishow you found it on that day?

20 A Excuseme?

21 Q Is thishowyou found it?

22 A Yes.

23 Q It hadnotbeen moved?

24 A No.

25 Q okay. SameBronco?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 75

1 A Yes.

2 Q Okay. what did you next do after -- you said you

3 went out and you looked for vantage points to try and find the

4 person. what did you next do?

5 A We -- Mr. Merrell and I returned to the boat launch

6 area, and it was getting late, getting close to dark and the

7 weather was starting to turn bad. Mr. Merrell decided that he

8 would go home and return the next day if he had not heard

9 anything from the missing person during the night.

10 And I called my supervisor, Lieutenant Roger

11 Jackson, and advised him that we had a missing person on Lake

12 Seminole, and a short time later he arrived in the area.

13 Q Okay. You said something about the weather, it

14 turned bad. what do you mean?

15 A There was a cold front coming through, and a really

16 torrential downpour of rain occurred that night while we were

17 there, while Lieutenant Jackson and I were there at the

18 landing, and then it turned off really cold. The wind started

19 blowing and really cold after that.

20 Q okay. well, let's back up then, if we can, to

21 December 16th, 2000. So the day that you are notified of the

22 missing person. what was the weather like on that day?

23 A It was probably in the 70s, somewhat overcast. It

24 changed very quickly after that storm came through.

25 Q okay. And that storm came through over the evening

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 76

1 hours?

2 A Correct, right after dark.

3 Q Okay. And what was the weather like after that?

4 A It was windy and turning much colder by the minute

5 and --

6 Q You said something about rain, torrential rain.

7 what do you mean by that?

8 A It was a heavy downpour of rain, similar to what

9 we've had in the last weekend or so.

10 Q Okay. The -- because of the weather, was there any

11 searches that were conducted in that evening -- in that

12 nighttime hour?

13 A Not to my knowledge. Lieutenant Jackson sent me

14 home after he and i discussed what I had done as far as

15 meeting with Mr. Merrell. And I had been on the dayshift that

16 day, and so he sent me home to rest and told me to return the

17 next day. And I don't know, honestly, if he stayed or not.

18 Q okay. Did you return the next day?

19 A Yes, I did.

20 Q okay. And the next day, had -- you'd mentioned the

21 weather had changed. what did you do the next day?

22 A It was very cold the next morning, probably in the

23 30s, and the wind was blowing.

24 Q okay. And did you help conduct any searches?

25 A Yes.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 77

1 Q Okay.

2 A we started launching boats and looking in the area,

3 and I helped on some of the boats.

4 Q okay. And when you say "we," what do you mean?

5 A Myself and other officers with Fish and wildlife,

6 and there were some sheriff's department people there and some

7 private citizens.

8 Q Okay. And did you -- to your knowledge, while you

9 were there, how long were you on scene searching?

10 A Excuse me?

11 Q How long were you there searching?

12 A The first day I was probably there for maybe six or

13 seven hours. And after that, I was pretty much designated as

14 the officer to handle the county while this was going on

15 because I was on the dayshift. And so I was there back and

16 forth a few days after that during the search, but I was also

17 answering complaints and things throughout the county while

18 the search was going on.

19 Q And while you participated in the search, were you

20 able to find anything?

21 A No.

22 MR. FUCHS: I have no further questions.

23 THE COURT: Cross.

24 CROSS EXAMINATION

25 BY MR. WAY:

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Q Good morning, Mr. Morris.

2 A Good morning.

3 Q On December 16th, 2000, what time would you have

4 gone on shift in Jackson county?

5 A Probably around 7:00 a.m.

6 Q And when you went on shift, were you advised or did

7 you learn that there might be inclement weather coming in in

8 the afternoon?

9 A No,I didn't-- I wasn'tadvised of it, no.

10 Q Didyou makeany checkor anything of that nature?

11 A No.

12 Q Okay. Is it typical sometimes that the weather will

13 change very dramatically up there on Lake Seminole?

14 A Yes.

15 Q In your -- you described River Road, which is on the

16 west side of Lake Seminole. That is a two-lane paved road;

17 correct?

18 A That's correct.

19 Q And the area where you met up with Mr. Merrell is

20 very near a game check station; is that correct?

21 A That is correct.

22 Q what is a game check station?

23 A A game check station -- we have several different

24 types of wildlife management areas in the state, and this

25 particular management area is called Apalachee Management

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 79

1 Area. It is a Type 1 Management Area, which means that

2 hunters that come and go from that area must pass through that

3 check station in order to entrance and exit the area. So

4 that's why the check station is there. And they also conduct

5 checks of game. If a person has taken any game, that's where

6 they'd check it in.

7 Q Is that check station manned by a representative of

8 FWC?

9 A usually by a biologist,yes, sir.

10 Q On December 16th, 2000,there was someonemanning

11 that gamestation. Do you recallthat?

12 A Not when I was there, therewas not. They do not

13 have aregular schedule. I didn't-- I did notencounter a

14 person. Lieutenant Jackson and Iwent there toget out of the

15 rain afterdark, and there was noone there atthat time.

16 Q Do you know if Mr. Merrellhad come incontact with

17 a femalebiologist from that gamestation?

18 A I do not know. He didn'tadvise me.

19 Q But it could be possiblethere wouldhave been

20 someonethere?

21 MR. FUCHS: Objection. Speculation.

22 THE WITNESS: It's possible there was someone there

23 earlier in the day, yes, sir.

24 THE COURT: Overruled.

25 BY MR. WAY:

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Q The distance from that game station to the location

2 where you and Mr. Merrell discovered the boat and trailer,

3 approximately how far would that be?

4 A About 200 -yards.

5 Q would it have been almost the visual ability to see

6 from one area to the other?

7 A Except for the fact that the boat launch area was in

8 some trees and you couldn't see for the trees. But, you know,

9 you would look down the highway. You could see down the

10 highway that far. But the boat launch area was inside of some

11 trees, and you would not be able to see anything that was

12 parked at that area from the check station because it was

13 hidden by the trees.

14 Q And in December, it would have been the wintertime;

15 correct?

16 A (Nods head.)

17 Q So the foliage would have been less dense than

18 typical?

19 A Right. Mostly pine trees there, though.

20 Q The area where the boat launch was, how far back

21 from River Road were we talking about here, 10, 15 yards,

22 100 --

23 A To the -- to the water's edge?

24 Q Yes, sir.

25 A Probably 20 yards.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Q So, not a very far distance from the road?

2 A No.

3 Q The -- when you went on scene and you made contact

4 with Mr. Merrell, you had indicated that he was looking for

5 his son-in-law.

6 A Correct.

7 Q So, you understood that to be -- that Mr. Merrell

8 was Denise williams' father?

9 A I did not know Denise Williams. All he told me was

10 his son-in-law, Mike williams. He didn't mention her.

11 Q And was Mr. Merrell concerned?

12 A Yes.

13 Q was he very concerned?

14 A Yes.

15 MR. WAY: Nothing further, Your Honor.

16 THE COURT: Redirect?

17 MR. FUCHS: No, Your Honor.

18 THE COURT: All right. Any juror have a question of

19 this witness? If so, just raise your hand. All right,

20 good. You can step down.

21 Do we need to keep this witness any further?

22 MR. FUCHS: He could be released, Your Honor.

23 THE COURT: Does the defense need him for any

24 reason?

25 MR. WAY: No, Your Honor. He may be released.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 THE COURT: You are excused. Thank you for being

2 here.

3 Call your next witness.

4 MR. FUCHS: Your Honor, at this time, the State

5 would call Scott Dungey. This is the perpetuated

6 testimony we have previously talked about.

7 THE COURT: All right. At this point in time,

8 they're going to present a video of some testimony. This

9 was previously perpetuated by agreement between the

10 parties. You should consider this just like you would

11 any live testimony. we just had a circumstance where it

12 was difficult for the witness to be here; so that's why

13 it's being presented by video.

14 You may proceed, Mr. Fuchs.

15 MR. FUCHS: And, Your Honor, if I could ask the

16 bailiff to distribute the transcripts of this.

17 THE COURT: All right. Have we marked those as

18 Court's Exhibit 1A?

19 MR. FUCHS: I have. I have --

20 THE COURT: Hold on a second. Wait a minute, Jay.

21 Is there an objection to using the transcript with

22 this, Mr. Way?

23 MR. WAY: No, Your Honor.

24 THE COURT: All right, you may.

25 He is going to distribute a transcript to you, but

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 the testimony is what you see and hear on the video. The

2 transcripts are given to you just to assist you in

3 following that, but if there's any difference between

4 what you hear in the witness's testimony and what you see

5 in the transcript, you should rely upon what you see and

6 hear from the witness's testimony.

7 MR. FUCHS: I'm sorry, Your Honor. I'm having --

8 for some reason, it's on my screen but not --

9 THE COURT: Let me -- while he is playing with that,

10 let me -- okay, go ahead.

11 MR. FUCHS: Did you want to --

12 THE COURT: Go ahead.

13 MR. FUCHS: Okay.

14 (video played in open court as follows:)

15 THE COURT REPORTER: Please raise your right hand.

16 whereupon,

17 SCOTT DUNGEY

18 was called as a witness, having been first duly sworn, was

19 examined and testified as follows:

20 DIRECT EXAMINATION

21 BY MR. ROGERS:

22 Q All right. Sir, can you please state and spell your

23 name for the record?

24 A Scott Dungey, D -U -N -G -E -Y.

25 Q Mr. Dungey, how -- what do you do for a living right

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 now?

2 A I have a computer consulting business here in town.

3 Q Okay. How long have you been doing that?

4 A Twenty-three years.

5 Q were you raised up in Tallahassee?

6 A Moved here in 1981; so I have been here the majority

7 of my life.

8 Q i want to take you back to some people that you may

9 or may not know.

10 Do you know who a Jerry Michael Williams is?

11 A Ido.

12 Q And how do you know him?

13 A we went to high school together, played football

14 together, and we're -- we're very close friends.

15 Q which high school did you go to?

16 A North Florida Christian.

17 Q were you all in the same class or --

18 A Yes.

19 Q All right. Do you know a Brian Winchester?

20 A Ido.

21 Q Tell me about the nature of your relationship with

22 Mr. Winchester.

23 A He and Mike and Denise were -- and myself were all

24 in the same, same class together at North Florida. Brian and

25 I and Mike, during high school, would do a lot of waterskiing

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 together. Brian didn't play football and Mike and I did; so,

2 you know, we did -- the things that Brian and I and Mike did

3 were more outdoors related.

4 Q Okay. And you also mentioned Denise. Is that

5 Denise williams?

6 A Yes.

7 Q And what was her name in high school?

8 A Denise Merrell.

9 Q How well did you know Ms. Williams?

10 A well, we were, you know -- I think our graduating

11 class only had 80 people; so everybody knew everybody at North

12 Florida. we all started there in ninth grade or earlier and

13 all grew up together.

14 Q Did you continue to hang out with these people after

15 you graduated?

16 A Yes, probably more so after high school than during

17 high school.

18 Q of the group that we just talked about, who were you

19 closest friends with?

20 A Mike. Mike was one of my closest friends.

21 Q okay. At some point, Mike Williams went missing?

22 A uh-huh.

23 Q Can you describe how you became aware of that?

24 A It was early one Sunday morning, a very cold Sunday

25 morning, and I got -- I was -- I got a call --

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 MR. WAY: Objection.

2 BY MR. ROGERS:

3 Q Early on a Sunday morning, you received a phone

4 call?

5 A Yes.

6 Q And you were aware after that that Mike williams was

7 missing?

8 A Yes.

9 Q was that in December of 2000?

10 A Yes, it was.

11 Q All right. Once you were aware that Mike Williams

12 was missing, where did you go?

13 A I immediately called my father-in-law, whose brother

14 was the head of Game and Fresh Water Commission. And he

15 called his brother, and we immediately -- my father-in-law and

16 myself immediately got in the car and drove over to the lake.

17 Q which lake?

18 A Lake Seminole.

19 Q okay. where is that?

20 A North of Sneads.

21 Q okay. So west --

22 A About an hour from here.

23 Q About an hour west from Tallahassee?

24 A Correct.

25 Q Describe what the weather was like that day when you

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 got out to Lake Seminole.

2 A It was -- it had -- the day before it was in the

3 70s, and then that night it had dropped down to 12 degrees.

4 will never forget it. It was -- it was bitterly cold. The

5 wind was blowing 30, 40 miles an hour. One of the coldest

6 days we've had in Tallahassee in a long time.

7 Q Okay. when you got out to Lake Seminole, what did

8 you see when you got out there?

9 A we got there pretty early. Got there probably about

10 8:00 or 8:30. There was a few folks out there, but within the

11 first 30, 40 minutes, a number of law enforcement, Game and

12 Fresh Commission officers showed up. There was numerous

13 boats. A helicopter was sent out there. There was a

14 pretty -- a pretty large contingent of law enforcement

15 officers as well as friends and family looking as well.

16 Q Do you have an idea of how many -- the number of

17 people that were out there?

18 A The first day through probably the first two weeks

19 there was no less than 20 to 25 people out there every day for

20 two weeks.

21 Q okay. was that every day, Monday through Sunday?

22 A Pretty much, yeah, for the first -- you know, up

23 until about Christmas. And then after Christmas, it started

24 tailing off.

25 Q How often were you out there?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 A I was there every day until roughly February.

2 Q okay. You never missed a day that you recall?

3 A No.

4 Q Once you got out there, were you aware of a boat

5 that was found?

6 A Yes.

7 Q Okay. Can you describe the circumstances of that?

8 A The -- as i was told, they found the hunting boat

9 that Mike was in, and it had blown up against the, I guess,

10 west shore. They found it pretty quickly when the game

11 wardens had first arrived.

12 Q And were you also aware of a vehicle that was found?

13 A Yes. It was Mike's Bronco.

14 Q were you aware -- how do you know that it was Mike's

15 B ronco?

16 A I spent a lot of time in it riding with him to go

17 fishing and hunting.

18 Q Mr. Dungey, I'm going to show you four photographs

19 that I have marked 1A, 1B, ic, and 1D. The question for all

20 of these, are they fair and accurate depictions of both the

21 Bronco and the boat?

22 A Yes, sir.

23 MR. WAY: For the record, defense counsel has

24 reviewed the photographs prior to them being shown to the

25 witness.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 BY MR. ROGERS:

2 Q i want to talk to you about how the search was

3 conducted. were you out on the water?

4 A Yes, every day.

5 Q Okay. what did you do? How do you go about

6 searching for someone on water?

7 A well, the first day, a Game and Fish helicopter was

8 there, and around 10:00 that morning I got in the helicopter

9 and flew around the area just seeing if we could load any --

10 locate anything. You know, my hope was that he had fallen out

11 of the boat and swam to the other side of the island and, you

12 know, maybe got some hyperthermia and was passed out. So we

13 really focused on an island area where, you know, we hoped

14 that he might have -- that he might be still alive.

15 And that's -- as we flew around up -- around the

16 helicopter -- in the helicopter that day, that's when I

17 noticed, you know, all of the helicopters -- or, I'm sorry --

18 all of the alligators that were swimming around, even though

19 it was cold, all around the boats that people couldn't see.

20 After that, i spent all of the time in one of the boats poling

21 for Mike's body with the PVC pipes.

22 Q All right. So, you call that "poling." Can you

23 describe that what means?

24 A The lake had a -- it was a flooded pecan orchard; so

25 most of the lake was -- was only four or five feet deep other

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 than in a couple of spots. There was a solid layer of

2 hydrilla.

3 Q what's hydrilla?

4 A it's a weed that grows in the -- in these lakes, I

5 guess is the best -- not being a -- not being a biologist, I

6 can't even give you an exact answer.

7 Q Sure. So, does the hydrilla make it harder or

8 easier to search?

9 A Next to impossible. It's about two inches below the

10 water. It was a solid layer of hydrilla, so you couldn't see

11 down below. And then below the hydrilla, it has roots. And

12 the best way I could describe it is looks like you are trying

13 to look through a bamboo forest. You just can't -- you can't

14 see anything.

15 Q So you mentioned some PVC poles. what did you use

16 those poles for?

17 A we went and got 20 or 30 Pvc poles. we capped them

18 off, and we would very methodically -- we had probably 10 or

19 12 boats on the east side of the lake, and we all started

20 working our way towards the west side. And we would, you

21 know -- i guess in a search grid, we would methodically go up

22 and down each boat and would use the vc poles to pole to see

23 if we would, you know, hit -- hit Mike's body.

24 Q okay. was there one area that the search started to

25 concentrate on?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 91

1 A It was,i believe, the first or second day I was out

2 there. I was in one of the boats with one of the game

3 officers, and I hit something that seemed porous and gave

4 back. It didn't feel like a root or a tree or anything like

5 that. So I just kind of stopped, froze, and asked the game

6 warden to come over and take over, as I just -- I didn't want

7 to be to the one -- if that was Mike's body,I didn't want to

8 go any further.

9 So, he came to the front of the boat and started

10 poling all around the area, thinking maybe I had hit an arm or

11 a leg, and he was trying to hit something bigger. Never,

12 never really hit anything else from there. But this -- this

13 area was a spot that we continued to go back to frequently.

14 Q Can you describe that area? was it deeper than the

15 rest of the lake?

16 A Yes. The rest of the lake was, you know, probably

17 four or five, at most six feet deep, where if Mike fell out,

18 he was probably standing up. And this was towards the south

19 end of the lake, right before you get to the bigger, the

20 bigger water. And there were a lot of submerged stumps right

21 around this area, and it was probably 8 to 10, 12 feet deep,

22 about the size of this courtroom. And so it -- you know, it

23 made logical sense that if they're -- if he was in that lake,

24 that's where he would be, would be in this hole.

25 Q So further search efforts started to concentrate in

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 92

1 that area; is that right?

2 A Yeah. we -- we marked that spot that I had hit

3 something the first day with some bamboo shoots. And then

4 over the next couple of weeks, there was two or three

5 different organizations that had cadaver dogs. we would

6 always take them to that same spot. The dogs would bark, they

7 would make some markings, you know, as if there was something

8 there, but never -- we never could identify anything. we even

9 had an Army corps of Engineer person that was out there that

10 had a dry suit, and he -- he went down one morning when it

11 was -- you know, the water was probably 40 degrees by that

12 point. He didn't have a mask on because you couldn't see

13 anything. So he flailed around and tried to see if he could

14 hit a body or hit a portion of a body. He didn't hit anything

15 either.

16 Q i wanted to take youback to -- you mentioned all of

17 the peoplethatwere out thereand the Army Corps of Engineers

18 diver. Did youever see BrianWinchester at the lake?

19 A I sawBrian, I believe,one time.

20 Q okay. Did you eversee Denise Williams at the lake?

21 A I -- Idon't recallseeing Denise.

22 Q I wantto go back. At some point, was anything

23 found inthat areathat you wereconcentrating on?

24 A Duringthat initialsearch?

25 Q Let'sstart with theinitial search.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 93

1 A No.

2 Q Okay. Later was there?

3 A About six months later, I received a call that the

4 waders had popped up basically at the exact same spot that I

5 had marked with the bamboo shoots.

6 Q Okay. Did you come back out to the lake at that

7 point?

8 A Yes. The next day, myself and Lamar English and Kip

9 Bembry went back out there. And Lamar is a diver and has

10 recovered numerous bodies for various organizations, and --

11 MR. WAY: Objection.

12 BY MR. ROGERS:

13 Q So you went back out to the lake. This is now six

14 months after the initial search?

15 A Yes, sir.

16 Q what did you see happen that day?

17 A Lamar put a -- well, first, now being summer, the

18 hydrilla was even worse, much worse, and so Lamar didn't even

19 use a dive mask because you just couldn't see. So he simply

20 put on a small dive tank and we tied a rope to his waist. And

21 it was so thick that we had to use some of the PVC poles from

22 shore and put them three to four feet apart, just so he could

23 pull himself along the bottom. So he just closed his eyes and

24 would feel around on the bottom to see if he could find

25 anything.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Q Did you see anything come up from the bottom of the

2 lake?

3 A within probably five minutes of him going down and

4 within five feet of these bamboo shoot markings, he came up

5 and handed me a camouflage hunting jacket. The sleeve was --

6 one sleeve was turned inside out like if somebody was trying

7 to get it off.

8 MR. WAY: Objection.

9 BY MR. ROGERS:

10 Q Can you also continue to describe the condition of

11 the hunting jacket?

12 A It was in -- surprisingly, it was in great shape.

13 And when i --I put my hand in the pocket and pulled out his

14 hunting license, and it was -- it said Mike Williams on it.

15 It was very, very clear.

16 At the time, i didn't think anything of it. I knew,

17 you know, the duck hunters have a special laminated license

18 because they are in the cold and wet a lot; so I just didn't

19 think anything of it at the time. But it was very clear that

20 it said Mike Williams.

21 Q Was anything else pulled up from the bottom of the

22 lake that day?

23 A Immediately after that, there was a small -- what

24 they call a mag flashlight that -- that Lamar handed to me as

25 well.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 95

1 Q And what was its condition?

2 A It was excellent. It actually worked. You know, I

3 was -- my first comment was I needed to get one of these. You

4 know, i was thinking it had been six months and for it to

5 continue to work after being in the water six months, you

6 know, it was pretty amazing.

7 Q i want to go back. I showed you some photographs of

8 the boat and Mike's Bronco. Those obviously left the landing

9 at some point. Do you know where they went after that?

10 A I believe, as I was told, the --

11 MR. WAY: Objection.

12 BY MR. ROGERS:

13 Q So, without saying what someone else told you, are

14 you personally aware of where they went?

15 A Yes, I am.

16 Q where did they go?

17 A Marcus Winchester's house.

18 Q were they -- either one of them in your possession

19 at any point?

20 A No. I had Mike's offshore boat at my house.

21 Q i want to go back to where the waders and the

22 flashlight and the hunting jacket were pulled out of the lake.

23 where was that in relationship to the markers, the bamboo

24 markers that you had laid previously?

25 A within five feet.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 (Recording stopped.)

2 MR. FUCHS: Your Honor, I apologize. we -- for some

3 reason, this was not transferred over and complete. we

4 had the cross-examination. Can I ask for a five-minute

5 break so we can get that cross-examination?

6 THE COURT: All right, we are about due for a break

7

8 MR. FUCHS: Thank you, Your Honor.

9 THE COURT: why don't we take ten?

10 (Break taken.)

11 THE COURT: Let's have the jury, please.

12 (Jury in.)

13 THE COURT: You may continue, Mr. Fuchs.

14 MR. FUCHS: Thank you, Your Honor.

15 (Recording continued as follows in open court:)

16 BY MR. ROGERS:

17 Q i want to go back to where the wader and the

18 flashlight and the hunting jacket were pulled out of the lake.

19 where was that in relationship to the markers, the bamboo

20 markers that you had laid previously?

21 A within five feet.

22 Q Is that the same place that the previous diver from

23 the Army Corps of Engineers had dove?

24 A Yes. Everything was centered around that one area.

25 The very first day that I was using the poles and I hit

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 97

1 something that gave back, immediately marked the spot. we

2 always came back to that spot --

3 Q You said "we always.'T Is that everybody who is out

4 there searching comes back to that spot or just you in

5 particular?

6 A It was probably myself and another person that was

7 involved for the 60 days, Kip Bembry. That was just kind of

8 an area that we always focused on. And if there was any

9 additional searchers with the search and rescue teams or the

10 cadaver dogs, we would always take them to that spot. But,

11 that -- you know, that was where the whole search always kind

12 of seemed to center.

13 when Lamar English finished diving at that one spot

14 where we had marked, about 20 feet away from where the waders

15 came up and we found the jacket, there was a bunch of

16 alligator excrement and where they -- the hydrilla was all

17 turned over as if, you know, they had -- the alligators had

18 been trying to tear something up. And so as I piece it

19 together in my head,I could see where the boat, you know, had

20 possibly hit --

21 Q Right. So, now we're getting into what you put

22 together an idea of what had happened in your mind?

23 A Right.

24 Q okay. Suffice it to say, that you never found Mike

25 Williams' body in Lake Seminole?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 A No, never did.

2 MR. ROGERS: I will pass the witness at this time.

3 CROSS EXAMINATION

4 BY MR. WAY:

5 Q Good day, Mr. Dungey.

6 A Hello.

7 Q My name is Ethan Way. I represent Denise Williams.

8 This area that you've described during your direct

9 examination that -- where you indicated that these items were

10 found, this was the deeper area? This is what you referred to

11 as a hole?

12 A Yes.

13 Q And it was approximately 12 feet deep or so?

14 A I would say 8 to 12 feet deep, yes, sir.

15 Q And you described it as the size of this courtroom?

16 A Yes.

17 Q So just ballpark, maybe 50 to 60 feet across?

18 A Yeah.

19 Q All right. But the rest of the area surrounding

20 this, what you described as a hole, was anywhere from four to

21 six feet deep?

22 A Right.

23 Q The area that you described as the hole, what was

24 that near? was it near an island? was it near some stumps?

25 Can you describe its location as it relates to the rest of

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Lake Seminole?

2 A It was on the far side of the landing, closer to an

3 island that was on the other side of the -- this flooded pecan

4 orchard.

5 Q How close to this island?

6 A Maybe 30 yards. You know, that's where we had hoped

7 we might find Mike's bod- -- Mike. I shouldn't say his body

8 at the time. The first day or two we had hoped that that's

9 where he was at, that he had fallen out and possibly crawled

10 up over to that island.

11 Q Had you ever been duck hunting with Mike Williams?

12 A No.

13 Q Had you ever duck hunted out at Lake Seminole

14 before?

15 A No.

16 Q Did you know if the area around this island was an

17 area that was used for duck hunting or that duck hunters had

18 often frequented?

19 A No,I had never been there before.

20 Q when you were out there doing your search every day

21 after December 16th, 2000, did you ever see a lot of ducks in

22 this area?

23 A No, actually, I didn't. No,I -- there may have

24 been. I wasn't looking for them. There was a lot of activity

25 around there, so we would have scared them off.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 100

1 Q Okay. But you don't recall ever seeing them?

2 A No.

3 Q But you did see alligator signs?

4 A i did.

5 Q I'm going to show you what has been marked for

6 these purposes as 1D.

7 MR. WAY: May I approach?

8 BY MR. WAY:

9 Q Sir, if you could have an opportunity to take a look

10 at that, please.

11 A (Witness complies.)

12 Q Mr. Dungey, does -- does that picture depict the

13 boat as you observed it on December 16th, 2000?

14 A Yes.

15 Q Did you have an opportunity to be near that boat or

16 to be right up physically in close proximity to that boat?

17 A Yes.

18 Q Did you observe anything out of the ordinary about

19 the condition of that boat, such as something being broken?

20 A No, not that I recall.

21 Q Do you remember seeing anything that looked like

22 blood on the boat?

23 A No.

24 Q Did you see anything that looked like there had been

25 a struggle inside of the boat?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 101

1 A No.

2 Q And so as you understood it, the boat appeared just

3 to be in normal working condition for a boat of that nature?

4 A Yes.

5 Q You did mention that that boat had gone to Marcus

6 winchester's house and that you at some point in time had

7 taken possession of Mike's offshore boat?

8 A Yes.

9 Q Did you eventually buy that boat?

10 A No. I helped Denise -- I sold it for her to a third

11 party.

12 Q when did you help sell that boat for Ms. Williams?

13 A I would say probably in the March, April timeframe.

14 Q DO you remember how much you sold it for?

15 A No,I don't.

16 Q And I presume after you sold it, you gave her the

17 funds?

18 A Right.

19 Q were you helping her sell any other items?

20 MR. ROGERS: Objection.

21 THE WITNESS: Do I answer that or --

22 MR. WAY: No. Let's get a -- you can pause here.

23 BY MR. WAY:

24 Q Aside -- you had -- at one point in time, you had

25 indicated that you had been going to the site that you had

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 102

1 marked with the bamboo markers. was that -- did those markers

2 make it visible to -- let me back up.

3 How visible were these bamboo makers to anyone who

4 might have been on the lake?

5 A Not very. They were very thin bamboo shoots

6 basically.

7 Q Do you know if Brian Winchester had ever been out to

8 that location?

9 A I think Brian was only out there -- I saw him one

10 day out of the 60 days that I was there. So I don't -- he

11 didn't go there when I was there.

12 Q But do you know if he was aware of this area?

13 A Everybody was pretty much aware of the area.

14 Q You attended a memorial service for Mike Williams on

15 February 11th, 2001; is that correct?

16 A Yes.

17 Q And, in fact, you participated in a presentation at

18 the church as it related to a video of Mike Williams' life?

19 A Yes.

20 Q was Cheryl Williams present?

21 A You know, i honestly don't recall if she was or not.

22 There was 12- or 1,400 people there.

23 Q There were a lot of people that attended that

24 servi ce?

25 A Yes.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 103

1 Q At that point in time you attended a memorial

2 service, did you believe that Mike williams had passed away?

3 MR. ROGERS: Objection.

4 BY MR. WAY:

5 Q The memorial service that was held in response to --

6 or was in the context of an ongoing search that had, as you

7 understood it, had wound down?

8 A Yes.

9 Q You testified that you continued to go out to Lake

10 Seminole every day. But did there come a point in time, based

11 on what you were doing, that you felt that you were no longer

12 looking for Mike Williams either on a island or being

13 somewhere else but perhaps just looking for his body?

14 A The first couple of days, you know, it was a search

15 and rescue operation. After about the third day, it became

16 evident that it was a body recovery.

17 Q when you arrived on the -- at the boat ramp on

18 December 16th, 2000, was Denise williams' father present,

19 Mr. Merrell?

20 A Yes, he was.

21 Q And did you speak with Mr. Merrell?

22 A I did.

23 Q Had Mr. Merrell been there longer than you had?

24 A I think he might have arrived around -- probably a

25 little before I did.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 104

1 Q was he with somebody else?were there other people

2 with him when you arrived?

3 A I believe he was there with one of his friends as

4 well.

5 Q Do you also recall seeing a female game warden or a

6 female game officer present with Mr. Merrell?

7 A I don't recall that.

8 Q Do you recall that the boat ramp where the Bronco

9 and the boat were found is across the street from a natural

10 wildlife preserve, on the other side of the road?

11 A Yes.

12 Q Are you aware there is a game station or game shack

13 almost directly across from where the boat ramp is?

14 A I wouldn't say it was directly. It was 100 or 200

15 yards away.

16 Q In the times that you would go out to Lake Seminole

17 and would conduct a search, did you ever see anyone in that

18 game shack?

19 A Not that I can recall.

20 Q Did you -- in terms of the "not that you can

21 recall," is that because you weren't looking or weren't

22 recollecting that there was someone in there, or it just

23 wasn't something that was important to you?

24 A It just wasn't important to me.

25 MR. WAY: Nothing further.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 105

1 MR. ROGERS: Nothing further from the State.

2 (Recording ended.)

3 THE COURT: Call your next witness?

4 MR. ROGERS: The State calls Joe Sheffield.

5 THE COURT: while the witness is coming in, let me

6 comment on one matter. There had been a couple of things

7 that have been put in evidence and we haven't seen much

8 of them. There will be other things put in evidence.

9 You'll have all of the exhibits, with very few

10 exceptions, back in the jury room with you during your

11 deliberations; so you don't need to feel like you have

12 to, you know, memorize them at this point in time. So we

13 will be certain to give you an opportunity to see those

14 items.

15 whereupon,

16 JOSEPH SHEFFIELD

17 was called as a witness, having been first duly sworn, was

18 examined and testified as follows:

19 THE COURT: Have a seat. Slide up to the

20 microphone, please, sir.

21 You may proceed.

22 DIRECT EXAMINATION

23 BY MR. ROGERS:

24 Q Sir, can you please state and spell your name for

25 the record?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 106

1 A You said state and spell it?

2 Q Yes, sir.

3 A My name is Joseph Sheffield. J -O -S -E -P -H,

4 S -H -E- F -F -I -E -L -D.

5 Q Okay. Mr. Sheffield, where are you from?

6 A I'm from Sneads, Florida.

7 Q okay. where is that in relation to Tallahassee?

8 A Due west, about 50 miles.

9 Q okay. You lived there most of your life?

10 A About all of my life.

11 Q All right. Are you familiar with Lake Seminole?

12 A I have fished Lake Seminole since I was six years

13 old, and I'm 66 years old now. All of my life.

14 Q Are you an avid fisherman?

15 A I love it with a passion.

16 Q okay. I want to take you back to what brought you

17 here today. Did you recover something in Lake Seminole --

18 A Yes, sir.

19 Q -- related to this case?

20 A Yes, I did. Yes,I did.

21 Q okay. Can you give me the time of year when you

22 were on Lake Seminole for this?

23 A This was about June, along June when I found these.

24 Q So this would be June of 2001?

25 A 2002, I believe -- no, 2000. I'm sorry. 2000.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 107

1 Q of 2000. Okay.

2 A Roughly about five, six months after.

3 Q So you were aware that a duck hunter had gone

4 missing on Lake Seminole?

5 A very much so. very much so.

6 Q All right. well, what were you fishing for that

7 day. So it was in June?

8 A June. I fish for speckled perch. In that

9 particular area -- for years I've fished for speckled perch in

10 that area. Along that time of the year, May, June, the

11 fish -- that particular fish moves into the shallower waters.

12 So I'd go up in there and fish the shallower waters for them.

13 Q okay.

14 A In the cooler months, I fish the deeper water in the

15 same area.

16 Q All right. So, when you are fishing for the

17 speckled perch, at this point do you come across something

18 that catches your eye as being out of place?

19 A The first time I saw these waders, it really

20 didn't -- it didn't strike me too much. I thought it was a

21 stump underwater.

22 Q Can you describe the first time you saw them? Like,

23 how deep were they?

24 A Roughly about two foot under the water. The water

25 had fairly cleared up -- pretty clear at that point. It had a

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 dinge look to them, a yellowish dinge look to them, and it

2 appeared to be a pretty good-sized stump that maybe a boat --

3 a boat motor or something had hit and run over and roughed up

4 or whatever. So I kind of veered away from it when I saw it

5 because of that.

6 The next day I went back fishing again, same area.

7 This time when I came by these waders, they were roughly about

8 six inches under the water, and immediately, I says, The water

9 has not fell out this much. The stump has not swolled up this

10 much. So I stopped to see what it was.

11 Q Once you stopped to see, what did you see?

12 A At this point, it appeared to be something -- a life

13 jacket or something of that nature, is what I thought in my

14 mind, or something of that nature.

15 Q well --

16 A Needless to say,I reached down and pulled the

17 waders up on the side of my boat, and at that point, I could

18 see it was waders, actual waders. It had been there a little

19 while. They had some algae and settlements or whatever on

20 these waders at that point. Needless to say, it had a pouch

21 or a pack or whatever, a waist pouch, something of that

22 nature. And these waders were turned down to about the waist.

23 A pretty good turndown on them.

24 Q Can you describe how you wear waders? Does it go up

25 over your shoulders, like with some suspenders?

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 109

1 A The waders -- well, they do have suspenders, but

2 more or less they are just kind of like -- they are like

3 pants, a man's jeans that come up above -- up to his waist

4 with suspenders over them.

5 Q Okay. So when you say that they were turned down,

6 can you describe that a little more in detail for the jury?

7 A Can I stand up?

8 Q Yes, sir.

9 THE COURT: You can, yes.

10 THE WITNESS: The waders were folded over and pulled

11 down to the waist, like wrong side upwards, up to that

12 point.

13 BY MR. ROGERS:

14 Q up to the waist?

15 A up to the waist.

16 Q And you said you saw algae and some settlements on

17 them. Can you describe that a little bit more?

18 A well, it's -- obviously they had been there a little

19 while. Now, I don't -- I can't give you a date as to when or

20 what have you. I'm not certain of that. I know they had been

21 there long enough there was sediment on them and a growth,

22 more or less, and the heat obviously had caused the air to

23 form underneath the pocket where they were folded down, enough

24 to rise these up or make them float up. It took a right smart

25 for them to float up in the pocket within itself, this is with

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 110

1 the waders, had gun shells, and these shells are -- they are

2 steel shot shells, and it took a right smart to float them up

3 to that point.

4 Q Okay. So you are saying they would have been

5 weighted down, so they had to have something that brought them

6 to the surface?

7 A More or less.

8 Q Okay. Once you found out what they were, did you

9 contact any law enforcement?

10 A At this point when I realized that these belonged to

11 this Williams fellow --

12 Q How did you realize that?

13 A The pouch within itself that was with it, it did

14 have a nametag, license, whatever was in there, in that pouch.

15 I didn't go all through this thing. I just -- up to that

16 point,I realized this was the duck hunter's obviously. So I

17 eased these back into the water, made a run all the way back

18 down to the first bridge, what we call the first bridge, and

19 it is the first bridge off the River Road where I put in.

20 At that point, I called Mr. Alton Renew, and I

21 reported that I had found these waders and that -- it's --

22 obviously it was his waders and it was in the general area

23 where he went missing at that time. Mr. Renew informed me

24 that I needed to stay at the landing, that he would get

25 another party and he would come up with his boat.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 Q Did you eventually take Mr. Renew to where you found

2 these?

3 A At that point, I took him to the waders, where they

4 were at.

5 MR. ROGERS: Okay. One moment. I will pass the

6 witness.

7 THE COURT: Cross.

8 CROSS EXAMINATION

9 BY MR. WAY:

10 Q Good morning, Mr. Sheffield.

11 A Good morning.

12 Q You ever hunt with waders?

13 A No. I'm not a hunter with waders.

14 Q You ever fish with waders?

15 A I tried a little bit. I'm not real wild about it.

16 Q Yes, sir. waders, they come in a couple different

17 types of materials. You can have -- are you familiar with

18 what type of wader material it might be, like, neoprene or

19 rubber or canvas?

20 A well, I would say rubber maybe.

21 Q All right. And these -- these waders that you found

22 at Lake Seminole, these waders were kind of floating, based on

23 what you indicated, by growth, but they were being held down

24 by a fanny pack full of shot shells?

25 A No, sir. I didn't say that at all.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 112

1 Q Okay.

2 A I said these waders were floating up because of the

3 air volume that was building up under the pocket where they

4 were folded under.

5 Q Did it --

6 A They had floated up to this 2 -foot point when I saw

7 them the first day. The second day they floated up higher.

8 And, like i said, during this time of the year, the water

9 begins to warm up, and I -- pretty obvious to me it wasn't a

10 stump floating up.

11 Q I understand. But help me understand the waders

12 with the shot shells. There was a fanny pack or there was a

13 fanny pack attached to the waders?

14 A I guess that's what you'd call it. I don't -- there

15 was a pack or a pouch --

16 Q A pouch?

17 A -- with a strap or whatever on it. I don't --

18 fanny -- fanny pack suits me fine.

19 Q Yeah. I mean, no one uses them anymore, but it was

20 something around the waist?

21 A More or less.

22 Q okay. And did you indicate there were shot shells

23 in it or steel shells in that?

24 A Yes. This is the packet that I opened up, the pouch

25 that I'd opened up.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 113

1 Q was -- and how heavy was that?

2 A I -- I don't know. Three, four pounds maybe or

3 less. I didn't -- kind of hard to state with the weight of

4 the water or whatever. It's not the same when you put it in

5 the water as it is on the hill.

6 Q Yes, sir. But it was attached around the waders?

7 A It was attached with it, with the waders.

8 Q All right. And you live in Sneads?

9 A Yes, I do.

10 Q And you drove in from Sneads today?

11 A Yes, I did.

12 Q This road we're talking about, River Road on the

13 west side, that is a north, south road on the west side of

14 Lake Seminole?

15 A well, it's not due north, but give or take, yes, it

16 runs north from Sneads.

17 Q And it's just west of Ad, the prison?

18 A Yes.

19 Q And the prison, that's Apalachee Correctional

20 Institution?

21 A Yes, it is.

22 Q It's a pretty large prison over there in Sneads?

23 A Pretty good sized.

24 Q And it's in the town of Sneads?

25 A Not the prison.

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 114

1 Q Just where River Road is?

2 A River Road leads from Sneads.

3 Q And across the bridge is the Florida State Hospital

4 in Chattahoochee?

5 A That's correct.

6 Q when you drove in this morning, did you drive

7 through any of these towns, or do you just go straight down to

8 the interstate?

9 A I went straight to the interstate.

10 Q And how long of a drive on the interstate was it

11 about?

12 A Forty-five minutes.

13 MR. WAY: Nothing further, Your Honor.

14 THE COURT: Redirect.

15 MR. ROGERS: Nothing further.

16 THE COURT: All right. Any juror have a question of

17 this witness?

18 All right. You can step down.

19 Do we need to keep Mr. Sheffield any further?

20 MR. ROGERS: No, Judge.

21 MR. WAY: No, Your Honor.

22 THE COURT: All right. You are excused. Thank you

23 for being here.

24 Call your next witness.

25 MR. FUCHS: Your Honor, can we approach real

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 115

1 quickly?

2 (Discussion held off the record.)

3 THE COURT: So that was just a long-winded request

4 to take a lunch break before we start the next witness.

5 So I'd tell you our sidebars are not very exciting; so

6 that's what it was about.

7 we will take a break. Don't discuss the case with

8 anyone. Don't let anyone discuss the case with you.

9 Let's be back and ready to go at 1:00. All right. That

10 will give you a little over an hour.

11 Either side need anything?

12 MR. FUCHS: No, Your Honor.

13 MR. WAY: No, Your Honor.

14 THE COURT: We were going to have a little hearing

15 outside of the presence of the jury. Do we need to do

16 that later this afternoon?

17 MR. FUCHS: Yes, sir.

18 (Jury out.)

19 THE COURT: Okay. All right 1:00. I did send you

20 all a revised version of the jury instructions. You

21 should have them.

22 (Lunch recess taken and proceedings continued in

23 volume II.)

24

25

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 116

1 CERTIFICATE

2 STATE OF FLORIDA:

3 COUNTY OF LEON:

4 I, LINDA CUNNINGHAM, RPR, Official Court Reporter,

5 do hereby certify that the foregoing proceedings were taken

6 before me at the time and place therein designated; that my

7 shorthand notes were thereafter translated under my

8 supervision; and the foregoing pages are a true and correct

9 record of the aforesaid proceedings.

10 I FURTHER CERTIFY that I am not a relative,

11 employee, attorney or counsel of any of the parties, nor

12 relative or employee of such attorney or counsel, or

13 financially interested in the foregoing action.

14 DATED this 8th day of March, 2019. 15

16

17

18 LINDA CUNNINGHAM, RPR 19 OFFICIAL COURT REPORTER LEON COUNTY COURTHOUSE 20 TALLAHASSEE, FLORIDA 32301

21

22

23

24

25

LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER Filing # 88224026 E -Filed 04/18/20 19 05:27:3 1 PM

117 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO.: 2018CF1592

STATE OF FLORIDA

vs.

DENISE WILLIAMS,

Defendant. /

Volume II

Pages 117-261

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 11, 2018

TIME: Commencing at 12:55 p.m. concluding at 4:52 p.m.

LOCATION: Leon county Courthouse Tallahassee, Florida

REPORTED BY: Johana M. Kesterson, Official Reporter Notary Public in and for the State of Florida at Large

JOHANA M. KESTERSON Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 118 1 APPEARANCES

2 REPRESENTING THE STATE: JON FUCHS, ASSISTANT STATE ATTORNEY 3 JAMES ROGERS, ASSISTANT STATE ATTORNEY OFFICE OF THE STATE ATTORNEY 4 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 5

6 REPRESENTING THE DEFENDANT:

7 ETHAN WAY, ESQUIRE PHILIP J. PADOVANO WAY LAW FIRM BRANNOCK & HUMPHRIE 8 P.O. BOX 10017 131 N. GADSDEN STREET TALLAHASSEE, FLORIDA 32302 TALLAHASSEE, FL. 32301 9

10 INDEX WITNESSES: PAGE: 11 ALTON RENEW Direct Examination By M. Fuchs 119 12 Cross Examination By M. Way 146 Redirect Examination By Mr. Fuchs 149 13 TULLY SPARKMAN 14 Direct Examination By M. Fuchs 151 Cross Examination By M. Way 161 15 Redirect Examination By Mr. Fuchs 171

16 MICHAEL DEVANEY Direct Examination By Mr. Fuchs 175 17 Cross Examination By M. Padavano 186 Redirect Examination By Mr. Fuchs 193 18 BRIAN WINCHESTER 19 Direct Examination By Mr. Fuchs 198

20 INDEX STATE'S: PAGE: 21 2 127 22 3A,3B, 3C 134 4A -M 136 23 6A -C 143 7-A,B,C 159 24 8 161

25 Certificate of Reporter 261 119 1 PROCEEDINGS

2 THE COURT: we ready for a jury?

3 MR. FUCHS: Mr. Rogers went out to get our witness,

4 Your Honor.

5 THE COURT: All right. Let's have the jury, please.

6 MR. FUCHS: Okay. we're good.

7 (Jury enters.)

8 THE COURT: All right. If you'd face the clerk and

9 be sworn, please.

10 whereupon,

11 ALTON RENEW,

12 was called as a witness, having been first duly sworn, was

13 examined and testified as follows:

14 THE COURT: okay. Have a seat. Slide up to the

15 microphone, please, sir. You may proceed.

16 MR. FUCHS: Thank you, Your Honor.

17 DIRECT EXAMINATION

18 BY MR. FUCHS:

19 Q Good morning -- or afternoon, sir.

20 A Afternoon.

21 Q Could you please introduce yourself to the jurors?

22 A I'm Alton Renew. I'm from Sneads, Florida.

23 Q And, Mr. Renew, are you currently employed?

24 A No, sir. I'm retired.

25 Q what are you retired from? 120 1 A The Florida Fish and wildlife.

2 Q Okay. And what did you do for Florida Fish and

3 wildlife?

4 A Sir?

5 Q what did you do for Florida Fish and wildlife?

6 A oh. I was a wildlife officer that patrolled the

7 waters and the lands of the state of Florida. Mainly Jackson

8 County was my assignment.

9 Q okay. And how long were you employed in that

10 capacity?

11 A Thirty-one years.

12 Q okay. By my calculations -- when did you retire?

13 A May 12, 2012.

14 Q okay.

15 A Correction -- correction. Vm sorry, that was May

16 31, 2012.

17 Q Okay. So back in December of 2000 you were

18 employed?

19 A Yes.

20 Q okay. In your capacity there at FWC, Florida

21 wildlife Commission, did you become involved in the search for

22 Mike Williams?

23 A Yes.

24 Q How is it that you became involved in that?

25 A I was contacted by my supervisor that we had a 121 1 search going on in Lake Seminole. And to come to work on the

2 Sunday morning of December 17th, I believe it was.

3 Q Okay. It's my understanding the initial call out

4 was -- you weren't part of the initial response, correct?

5 A No, sir,I was off duty that day.

6 Q Okay. And so you became involved on December 17,

7 2000?

8 A Yes.

9 Q Okay. And what was your role in all that?

10 A we had to take a boat and go out and just search the

11 waters for the missing person.

12 Q Okay. Did you assume any kind of, like, lead role

13 in that or anything like that?

14 A I wasn't lead. I was, basically -- I was there

15 every day and had the boat and the operating of the boat. And

16 there were several boats and other officers out there as well.

17 Q Okay.

18 A The lieutenant was the lead officer.

19 Q All right. I know sometimes lieutenants are leads

20 but you're the one that's taking charge and doing all the

21 work; is that fair to say?

22 A Yes, sir. Basically, yes, sir.

23 Q Okay. All right. Now, you talked about a boat. So

24 you had your own boat?

25 A we started out with our kicker boat, which has the 122 1 motor on the back of it and it hangs down in the water. And

2 there's so many stumps in this area that we had to go and

3 borrow what is called a Go Devil Boat that has a long shaft

4 prop that would kick up out of the water. And it was kind of

5 like a lawn mower motor on the boat but it has a long shaft.

6 So we had to use that because it would maneuver between the

7 stumps.

8 Q okay. Now,I think you said you were out there

9 every single -- every day?

10 A Basically, every day of the search.

11 Q okay. And were you the only person out there or

12 were there more people?

13 A oh, there was quite a few people.

14 Q were they all law enforcement?

15 A No, sir. Not all of them.

16 Q Okay. were they all -- were there other law

17 enforcement officers there?

18 A There was several other law enforcement out there as

19 well.

20 Q were they all FWC or were they from other agencies?

21 A Most was FWC. There was some Jackson County

22 Sheriff's deputies there as well.

23 Q At some point were there any kind of dive teams that

24 were utilized?

25 A we had a couple of divers that had done some diving 123 1 for us, yes.

2 Q Okay. At some point did the -- whenever you first

3 arrived on the 17th, how would you classify the search? was

4 it for recovery purposes? were you looking for somebody?

5 what was going on?

6 A It was to -- it was looking for a missing duck

7 hunter at that time that just was missing. And that's all we

8 knew.

9 Q Okay. At some point did it -- how long were you out

10 there doing that search?

11 A The period of time was about 44 days on the primary

12 search. And then it started breaking down. And due to the

13 fact that I live right there by the lake and patrol that area

14 every day,I was assigned to -- when I went on the water, to

15 go to that area and see if I could find anything or, you know,

16 if there was anything developed.

17 Q Okay. Were there any kind aerial platforms,

18 helicopters? I don't think they had drones back then. But

19 anything like that being used?

20 A Yes. The county helicopter, our FWC helicopter,

21 several fixed -wing aircraft flying.

22 Q Okay. what is a fixed -wing aircraft? what does

23 that mean?

24 A Airplane. Like a Cessna.

25 Q Okay. Regular old airplane? 124 1 A Yes.

2 Q Okay. Did you do any kind of documentation that

3 talked about --

4 Let me back up a little bit. when you say you did a

5 search, is it just kind of, go out, every man for themselves

6 and just look or how do you organize that kind of search?

7 A No. Actually, we did grid searches. we would go

8 across the body of water -- say, like this courtroom, we would

9 go across to that wall, back to that wall. And only move over

10 four to six foot at a time in the beginning. And then we'd

11 come back and isolate that to a certain area. And we actually

12 put ropes out from one stump to another. And pole with poles

13 the first couple of days.

14 And then after -- I think after the first night we

15 had a camera come in and put on the poles with a monitor that

16 we would monitor the bottom as the guy would work the pole on

17 the bottom. And we used that camera.

18 And I think it was maybe the second or third day we

19 had two cameras. So there was two boats with two individual

20 cameras working grid lines for search.

21 Q And you said that initially you're looking for a

22 missing person. Did that -- I assume that initially you were

23 hoping to find somebody alive?

24 A We were. That's our goal, is to find them alive.

25 Trying to locate them. Maybe -- we just didn't know what was 125 1 going on. Maybe we could find them in an island. A boat

2 might have turned over on a stump and we might find them

3 standing on the island going, hey, I'm over here, you know.

4 But it just didn't happen.

5 Q Never found anything. At some point did the search

6 turn into a recovery operation?

7 A well, we just -- it never did have a recovery, we

8 just searched the area, you know, intensively until we

9 couldn't find anything, so. . . I say couldn't find anything,

10 we found some articles but --

11 Q And we'll get to those in just a minute.

12 A okay.

13 Q You talked earlier about the polling. what is that

14 about?

15 A well, i went to the hardware store and I purchased

16 some PVC pipe, inch -and -a -half PVC pipe, 14 to 16 -foot long.

17 And we would pole along down on the bottom, touching the

18 bottom and moving. Every few feet we'd pole. And we would

19 hit stumps and logs and stuff.

20 Q But what is the purpose of doing this poling?

21 A well, in my experience if you -- if you're looking

22 for a body that might have fallen out of a boat and it's on

23 the bottom, it's kind of like a pillow when you -- when you

24 punch it. It won't spring back on you but it will kind of --

25 it's spongy. The bottom will be mucky and it will go through 126 1 -- you know, you can tell the difference once you've done it

2 several times.

3 If you hit a limb, and the limb will spring back on

4 you so you can tell the difference. At one time we did think

5 that we had something. I think a gentleman said, I've got

6 something over here. But we tried it ourselves, law

7 enforcement tried t. And I was thinking, well, it's a log

8 but we'll put a diver down. And the diver found that it was a

9 tree top.

10 Q okay. That particular spot you're talking about

11 there, did y'all take any efforts to mark those with bamboo

12 sticks or something along those lines?

13 A Yes. we marked it with one of those poles.

14 Q Okay. During the course of this search, did you

15 make any notes about search patterns and things that were

16 found?

17 A Yes, sir,I did.

18 MR. FUCHS: Your Honor, may I approach?

19 THE COURT: You may.

20 BY MR. FUCHS:

21 Q showing you what's been previously marked as State's

22 Exhibit No.2 for identification purposes. without showing

23 this to the jury I ask you to take a look at it, please.

24 A That seems to be my drawing of the search pattern

25 with the K-9. 127 1 MR.FUCHS: Okay. And, Your Honor, at this timeI

2 would move State's ExhibitNo.2 into evidence.

3 THECOURT: Any objection?

4 MR.WAY: Noobjection, Your Honor.

5 THECOURT: State's Exhibit 2 will be admitted

6 without objection.

7 (State's ExhibitNo.2 received in evidence.)

8 MR.FUCHS: Permission to publish?

9 THECOURT: You may.

10 BY MR.FUCHS:

11 Q All right. A whole lot of arrows, it looks like,

12 that are drawn around these. what do those indicate?

13 A That is the pattern that we took with the dogs

14 and -- can you scroll that down to the top whereIcan review

15 the -- whatI-- my notes there?

16 Q Okay.

17 A The dotted line is the route that we're taking. The

18 half arrow represents the first loop. The full arrow is the

19 second loop. And the solid line, the arrow represents the

20 third loop. Okay. Good.

21 Q when you talk about loops, what do you mean?

22 A what happens when you have a K-9 dog -- andI'llsay

23 this,Iwas trained in K-9 while in the game commission.

24 Q Okay.

25 A So I was one of the first ten K-9 officers, to give 128 1 you a 1-ittle background. But the dog we had was -- the first

2 dog out there was from the Northwest Florida Search and Rescue

3 Team. And on No.1 on those half arrows we started on the

4 downwind side. The wind was coming in -- you can see the sign

5 where it says "wind.'T The wind was coming out of the

6 northeast. So we started on the southwest corner, or,

7 basically, on that shoreline.

8 Q So down here?

9 A where if there had been a body or anything there,

10 the scent --

11 Q Here you go.

12 A Okay. Thank you. we started from the landing,

13 working around, starting here. And the dogs kind of indicated

14 on those little xs right here. They indicated something was

15 there.

16 Q Let me stop you right there. You said the dogs

17 indicated something was there. What kind of dogs are we

18 talking about? I mean, there's narcotic dogs, there's cadaver

19 dogs.

20 A They're search and rescue cadaver dogs.

21 Q So they're trained to pick up what?

22 A Human scent.

23 Q Okay. Is it human scent as in live human scent,

24 decaying human scent or all of the above?

25 A These dogs will track you on the ground and they're 129 1 also trained pretty intensively with cadaver training --

2 Q Okay.

3 A -- as well.

4 Q Let me pause you real quick. we'll get back to the

5 dogs in just a second. up here at the top it says "landing"

6 with a star. What is that?

7 A That's a small dirt landing area, probably a hundred

8 foot by -- say a hundred by a hundred. And then it's -- and

9 there's grass all out in there. But there's a little slip

10 that you could slide a boat in right there.

11 Q All right. And I know -- I understand from Officer

12 Morris that a Bronco was found. Is that that landing right

13 there where the Bronco was found?

14 A Yes, sir.

15 Q Okay. And I do notice there's another landing down

16 here. what's that?

17 A That is a little road that comes off -- off the

18 highway that goes in there to another small slip. And it's

19 not as good as this one. It's kind of growed [sic] over.

20 But, you know, people will slip their duck boats in there

21 sometimes and just make a small trail through the grass.

22 Q I think there's some sort of, like, game reporting

23 station or something like that along this road somewhere.

24 where's that at?

25 A About there. On the west side of the road. 130 1 Q Okay. So on the other side of the road from that

2 landing?

3 A Right straight across from that landing.

4 Q All right. All right. So let's get back. Let's

5 look at this. It says shallow water here and I notice you

6 have a couple of trees that have been noted on here. What are

7 those for?

8 A well, it's documenting that this is, you know,

9 anywhere from three- to four -foot water at the time. And then

10 you get on down -- the trees are old oak trees that were

11 flooded in and, you know, all the leaves are dead off of them.

12 And then, you know, those are trees there. And there's a tree

13 there.

14 And this area here is a deeper hole that's created

15 there in that slough. It gets 10, 12, 14 -foot sometimes.

16 Q Let me stop you right there. what is a slough?

17 A A slough. That's the backwater coming off the lake.

18 Q okay.

19 A And it's got weeds and islands and grass around it.

20 And it just feeds through the lake.

21 Q Like, kind of like a murky -water type area of the

22 lake --

23 A Yes.

24 Q -- or something like that?

25 A Yes. 131 1 Q Okay. All right. And you said that you had all the

2 xs here, are these -- and what were the significance of these

3 xs?

4 A Basically where the dogs alerted, gave some kind of

5 alerts. You know, the trainer would know their alert pattern

6 so the dog alerted there. we made a circle. Come back around

7 and try to make another run by it, which is there and the dog

8 alerted again. And then the second run and third run.

9 And you go out of the pattern to let the dog relax.

10 And once you get out of the pattern and he relaxes, you bring

11 him back in. And if the scent pool -- if there's anything

12 there, with the wind it could go this way. And the wind could

13 change. It would move around a little bit, but -- and the dog

14 would alert in that particular area.

15 Q Okay. Now, you mentioned earlier about an area that

16 you marked with a bamboo or whatever it is, where they had the

17 alert. where was that on this?

18 A This was -- this tree is not there anymore. It's

19 rotted down. But from that tree out to the south of that tree

20 about 25 feet there's a -- still there today is a white PVC

21 pipe marking the area of that deepest hole.

22 Q Okay. And you mentioned it had been marked by

23 bamboo and that brings a point. Did you at some point change

24 the bamboo out for a PVC pipe to mark that location?

25 A The bamboo that was used there basically was put 132 1 inside the pvc pipes.

2 Q Okay.

3 A To stabilize them. They were so long they were

4 flexible. So we put bamboo, like green cane poles inside and

5 we kept both sides of the PVC.

6 Q All right. And you said thereTs still PVC pipe

7 there today?

8 A Yes, sir. There's one there.

9 Q During that extensive search that you just talked

10 about was there anything found initially?

11 A I didn't find it. But another officer found the

12 boat with the gear in it. And I wasn't there at that time.

13 Q Okay. Did you have an opportunity to observe the

14 boat?

15 A Not at first. Not when they took it out of the

16 water and all that. I wasn't there.

17 Q Okay. Were you aware where they did find it?

18 A Yes. They pointed it out to me.

19 Q Okay. And, actually, if I can go back to your map

20 here. is that what we're looking at right here?

21 A Yes. From the landing there's some grass -- a

22 grass -- this little u -shaped thing here represents,

23 basically, grass. And there's the boat right there.

24 And actually off the grass right there, if that had

25 been straightened out a little bit, you know, the boat was 133 1 between this landing and that landing in that area.

2 Q Okay.

3 A up against the grass, cattails.

4 Q were there any other items that were found?

5 A During the first few weeks I found a cooler and a

6 coffee mug in the area near the boat. But it was kind of up

7 in this grass up in here.

8 Q Did that turn out to be a -- another -- not related

9 to this?

10 A It wasn't related to this search. A gentleman came

11 to the landing the third day of the search and said he had

12 turned his boat over out in front of the landing. And he

13 described the cooler and the coffee mug and it was returned to

14 him.

15 Q okay. And what about a hat or booties or anything

16 like that? were any of those items -- anything?

17 A Yes, sir. The hat was found on the 10th morning of

18 the search.

19 Q And where was that found?

20 A we put -- we put in here at the landing -- or up at

21 the other landing and come around and started our grid. And

22 before I even got to here, the hat was off of that tree and

23 over in the shallow water near this tree. Between that tree

24 and the grass. It was placed right in there.

25 MR. FUCHS: Your Honor, may I approach, please? 134 1 THECOURT: You may.

2 BYMR.FUCHS:

3 Q Showing you what's been previously marked as State's

4 Exhibit Composite 3 A,B and C. A couple of maps. Take a

5 look at those items.

6 A Okay.

7 Q Dothose maps accurately depict the area that we're

8 talking about? The locations, just from satellite imagery.

9 A Yes, sir.

10 MR.FUCHS: Your Honor, at this time I'd move

11 State's Composite 3A,B and C into evidence.

12 THECOURT: Any objection?

13 MR.WAY: No,Your Honor.

14 THECOURT: They'll be admitted without objection.

15 (State's ExhibitNo.3A,3B, 3C received in

16 evidence.)

17 BYMR.FUCHS:

18 Q I'm looking at this first map, andIthink this just

19 kind of tells us where everything is. Lake Seminole up here.

20 And that's -- approximately how far from Tallahassee

21 drive -wise? How long did it take you to drive over here?

22 A It's about 55, 60 miles.

23 Q okay.

24 A Somewhere in that range.

25 Q Little bit closer look at the west side of the lake. 135 1 That would be the landing and where the boat was found in

2 relation to each other?

3 A Yes.

4 Q Andthen photograph number C. Again, the initial

5 landingwherethe Bronco was found; where the boat was found;

6 where thetreesthat weTve talked about; as well as that

7 rangerstationwe've talked about?

8 A Yes.

9 Q Next--

10 MR.FUCHS: If I can approach?

11 BY MR.FUCHS:

12 Q I'mshowing you State's Composite Exhibit No. 4-A

13 throughM.

14 THECOURT: You may approach.

15 BY MR.FUCHS:

16 Q Takea look at those, please, without showing the

17 jury.

18 Do thosephotographs accurately depict the search

19 area aswell aspersonnel and other items that were involved?

20 A Yes,sir, it does.

21 MR.FUCHS: Your Honor, permission to --

22 I'dmove State's Exhibit -- Composite Exhibit 4-A

23 throughMinto evidence.

24 THECOURT: Any objection?

25 MR.WAY: No, Your Honor. 136 1 THE COURT: Be admitted without objection.

2 (State's Exhibit No. 4A -M received in evidence.)

3 MR. FUCHS: Permission to publish?

4 THE COURT: You may.

5 BY MR. FUCHS:

6 Q Mr. Renew, what are we looking at here?

7 A That's basically the landing area that we're talking

8 about. The water is quite low so it's muddy at the landing.

9 And we're looking southeast. And you can see the bigger --

10 the larger tree in the background here. And then a little bit

11 further south of there, kind of the dark spot right here, that

12 was basically where the pole is.

13 Q All right. And this area right here, is this where

14 the same kind of area -- or the same area that the Bronco was

15 found at?

16 A Yes. Just back this side of the landing.

17 Q Okay. What are we looking at there?

18 A Basically, looking at the same area a little bit on

19 the northeast -- a little bit northeast of the search area.

20 Q okay. And I think that the previous big tree you

21 were pointing out is right here. So we're kinding of looking

22 at -- you're looking out towards the left?

23 A Yes, sir. we're looking a little bit -- that's the

24 search -- I say search area, this is all the search area. But

25 the main area that the dogs alerted on was down here. This is 137 1 just a 1-ittle bit north of that other photo.

2 Q Okay. And I believe this is a little bit farther to

3 the left?

4 A Yes.

5 Q Same view. Appears to be of a helicopter in this

6 one. That was part of the search?

7 A Yes, sir, it was.

8 Q As well as the boat?

9 A Yes, sir.

10 Q what are we looking at here? Photograph 4-E? It

11 appears to be just some grass area?

12 A I'm thinking that might be the big tree. I'm not

13 real sure. It looks like that photo might have been taken

14 from a vessel or something. But due to the weeds along the

15 roadway it would be hard to get to that point.

16 Q okay. Photo 4-F appears to be blurry. But are

17 those the PVC pipes we're talking about?

18 A Yes, sir, it is. And that's the large tree there

19 that we -- the larger tree. All these are down now. But I

20 think it's that pipe that's left.

21 Q More photos of the area where the stumps are that

22 we're talking about?

23 A Yes, sir. Looking kind of northward. That's the

24 landing area.

25 Q Is that the boat that was found? 138 1 A It appears to be the same boat.

2 Q And my understanding is you were not there when it

3 was found. However, you were there afterward and were able to

4 observe it?

5 A Afterwards. I wasn't there when it was in that

6 position.

7 Q Just for clarification, is this the boat that was

8 found?

9 A I believe it is.

10 Q Okay. But it was not on the trailer initially? It

11 was found and then put on the trailer by law enforcement

12 officers?

13 A Yes.

14 Q what is this? Is that the Go Devil you were talking

15 about?

16 A Yes, sir. That's the small like -- small engine

17 with the long shaft and the prop's down here.

18 Q Photograph 4-L, the inside of the boat. And 4-M

19 depicts the way the boat was found and the items inside the

20 boat?

21 A I think so, sir. I didn't -- I wasn't there when it

22 was recovered.

23 Q Okay. So that initial search,I think you described

24 earlier, went on for 44 days, correct?

25 A Yes, sir. 139 1 Q At that point, did you have any reason to believe

2 that this would be -- turn into a homicide investigation?

3 A No, sir.

4 Q The items that we've talked about, the Bronco, the

5 boat and everything like that, they weren't collected as

6 evidence for that reason, correct?

7 A No, sir.

8 Q okay. And for -- you never found Mike Williams or

9 the missing boater, correct?

10 A No.

11 Q Later that summer, did you have an occasion to get

12 called back out to that location?

13 A Yes, I did.

14 Q okay. What happened there?

15 A Friend of mine, a local fisherman as well, he

16 contacted me and said that he had found a set of waders

17 floating in the area that we had been searching.

18 Q okay. And what did you do with that information?

19 A I contacted the sheriff's office, the investigator,

20 Jeff Johnson. And he came over and he and I went out and

21 retrieved the evidence of the waders at that time.

22 Q All right. Were there any further searches and

23 other pieces of evidence that were found?

24 A A diver came in and dove up a jacket with a flash

25 light. 140 1 Q Okay. Anything else? Anything found inside the

2 waders or the flash -- or the jacket?

3 A The waders had a fanny pack that was strapped around

4 the waistband with a 15 -shot shell, steel -shot shells in them.

5 And a -- I think an Arkansas hunting license.

6 Q And that Arkansas hunting license, did it have a

7 name on it?

8 A It had Mike williams' name on it.

9 Q And when was that?

10 A That was the first or second day of June of that

11 same year.

12 Q Okay. So about six months later?

13 A Yes. Actually, it was like June of 2001.

14 Q Okay. All right.

15 MR. FUCHS: Your Honor, may I approach?

16 THE COURT: You may.

17 BY MR. FUCHS:

18 Q showing you what's been previously marked for

19 identification purposes as State's Composite 5-A through E.

20 without showing those to the jury, I'd ask you to take a look

21 at them, please.

22 Do you recognize those items?

23 A Yes.

24 Q what do those items appear to be?

25 A That's the jacket and the hunting license. 141 1 Q Okay. Are these the items that were found

2 approximately six months after the --

3 A Yes.

4 Q -- after the search that you just described?

5 A Yes, sir.

6 Q Do they fairly and accurately depict those items?

7 A Yes.

8 MR.FUCHS: Your Honor, at this time I'd move

9 State's Composite 5A through E into evidence, please.

10 THECOURT: Any objection?

11 MR.WAY: Noobjection, Your Honor.

12 THECOURT: Be admitted without objection.

13 MR.FUCHS: Permission to publish?

14 THECOURT: You may.

15 MR.FUCHS: Thank you.

16 BYMR.FUCHS:

17 Q Photograph 5-A, what are we looking at here?

18 A That would be the jacket that was found by the

19 diver.

20 Q 5-B?

21 A That's the same jacket that's turned -- laid on the

22 tailgate there upside down -- or inside out.

23 Q 5-C? Same jacket again?

24 A Inside of the same jacket.

25 Q 5-D? 142 1 A Is the hunting license.

2 Q And 5-E?

3 A Hunting license folded up.

4 Q These items that we just talked about, were they

5 seized into evidence?

6 A Yes, sir.

7 Q Again, at that time nobody believed it to be a

8 homicide investigation; is that fair to say?

9 A That's correct.

10 Q And, finally, we talked a little bit about the

11 multiple landings that we -- as well as the PVC pipe that can

12 still be seen today.

13 MR. FUCHS: Your Honor, may I approach?

14 THE COURT: You may.

15 BY MR. FUCHS:

16 Q showing what's been previously marked for

17 identification purposes as State's Exhibit 6-A through C.

18 ask you to take a look at those items, please, sir.

19 what are these items?

20 A That's photos of the small landing across from the

21 check station. And the search area on the water. And the

22 small landing that we were -- where we staged up the search at

23 and where the Bronco was found.

24 Q And do they fairly and accurately depict those

25 locations? 143 1 A Yes.

2 MR. FUCHS: Your Honor, at this time I would move

3 State's Composite 6-A through C into evidence, please.

4 THE COURT: Any objection?

5 MR. WAY: No objection, Your Honor.

6 THE COURT: Be admitted without objection.

7 (State's Exhibit No. 6A -C received in evidence.)

8 BY MR. FUCHS:

9 Q Let's look at 6-B first. which location is that?

10 A That's the area where the Bronco was found in the

11 small boat landing, dirt landing.

12 Q And that photograph 4-A, that's the Bronco at that

13 landing, correct, on the day that it was found?

14 A Yes, sir.

15 THE COURT: Did you say four?

16 MR. FUCHS: 4-A, yes, sir.

17 THE COURT: So we're going back to some earlier

18 ones?

19 MR. FUCHS: Yes.

20 THE COURT: Okay.

21 MR. FUCHS: I'm sorry, 1A. I apologize, 1A.

22 BY MR. FUCHS:

23 Q Photograph 6-C looks out over that area. Is that

24 the search area as it exists today?

25 A Yes, sir. 144 1 Q I notice there's a little white thing right here.

2 what is that?

3 A That's the pole that we left out there. At the time

4 we were using them for search and markers.

5 Q Still there today? This is actually after the

6 hurricane, is it not?

7 A Yes. That's well after the hurricane there, I

8 believe.

9 Q Yes, sir. And then, finally, I'm going to show you

10 6-A. where is this at? what's that?

11 A That's the small landing across from the check

12 station. There's a highway just this side at the bottom of

13 the photo. And across the road is a check station for the

14 management area. It's just a small dirt landing.

15 Q All right. And it looks like it's a halfway decent

16 distance over to the water. But how far is that about?

17 A well, the -- from that point of the landing and just

18 a little bit at a -- maybe a 45 -degree angle is the search

19 area, right in there.

20 0 And how far from where the road is to the water

21 area?

22 A 80 yards, maybe.

23 Q Almost a football field?

24 A Yes.

25 Q Now, Mr. Renew, the area that the search located -- 145 1 where y'all performed the search, is that a common area for

2 duck hunters?

3 A Yes, sir.

4 Q During your time patrolling there, had you ever run

5 into Mike williams before?

6 A Yes, I have.

7 Q Are you familiar with --

8 well, let me ask you this: You're familiar with the

9 term duck blind?

10 A Yes.

11 Q what is a duck blind?

12 A A duck blind can be several different things. They

13 can go out on the bullrush on the cattails and build up the

14 cattails to cover themselves.

15 And another way to do a duck blind is a floating

16 duck blind. Like, you could build it on your boat and cover

17 your boat where you can hide in there.

18 Q Did Mike Williams have any duck blinds out in there

19 that he used on a regular basis?

20 A I checked them in the cattails before. And they

21 didn't have a duck blind, per se. You can pull in the

22 cattails certain ways that they just make you a natural blind.

23 Q okay. And did Mike Williams utilize that

24 natural -blind area in order to hunt ducks on a regular basis?

25 A Several times. Yes. 146 1 MR. FUCHS: No further questions.

2 THE COURT: Cross?

3 CROSS- EXAMINATION

4 BY MR. WAY:

5 Q Good afternoon, Mr. Renew.

6 A How are you, sir?

7 Q You had indicated that when the items were found in

8 June of 2001 -- I think we saw in the photographs that someone

9 was there holding them with rubber gloves on?

10 A Yes.

11 Q who was the person holding those items?

12 A I'm not sure who was actually holding the items.

13 know that Sergeant Jempsey Owens (phonetic) was our

14 investigator with the Game and Fish Commission. And then

15 there was an investigator with the sheriff's office as well.

16 And I don't know if they were together and did that or who

17 took the photos.

18 Q when those items were seized into evidence -- where

19 are they now?

20 A I don't know that they were seized into evidence.

21 think they were turned back to the family.

22 Q Okay. I --

23 A I don't know, really, that answer, sir.

24 Q All right. I apologize. I just -- I may have

25 misunderstood when you had said earlier the answer to that 147 1 question.

2 The boat that was found at the scene, where did that

3 boat go?

4 A It was turned back over to the family.

5 Q whose family?

6 A To Mike williams' family.

7 Q okay. Do you know that for certain or could it have

8 been turned over to someone else?

9 A I was told that it was turned over to the family.

10 And that's the word they used, the family. And I'm assuming

11 back to his family.

12 Q You described in Exhibit 2 the area where the K-9

13 searched. when was this K-9 search with the dogs conducted as

14 it relates to December 16, 2000? was it done the same day?

15 The next day?

16 A I'm not sure of the date, sir. But it was within

17 two weeks or within the first week and a half or two weeks.

18 Q And the dogs alerted but what did they find?what

19 did they alert to?

20 A There was nothing that we found. You know, there

21 was nothing there that we found or could see. But they would

22 react.

23 And even one was in front of the boat and started

24 sniffing and walked down the gunnel of the boat to the back

25 sniffing the water. I: 1 And, you know, we searched that area with the

2 cameras and with the poles and everything as well. And there

3 was nothing that we could find.

4 Q And if i understand correctly, based on where the

5 landings were on the western side of Lake Seminole, were the

6 dogs run over the dry land areas where the boat may have been

7 pulled out or where the Bronco was?

8 A I'm not sure of that, sir.

9 Q when you observed the boat, did the dogs ever get

10 run over the boat?

11 A I'm not sure. I didn't witness that.

12 Q You said you'd seen Mike Williams before out at Lake

13 Semi nol e?

14 A Yes.

15 Q Did you ever see Brian Winchester prior to December

16 16, 2000?

17 A Yes.

18 Q How often would Brian Winchester hunt out at that

19 area?

20 A I checked him several times. You know, I knew both

21 of them. And I knew -- when they'd come into the landings, I

22 would check them. Check their boat and their kill, or

23 whatever, their limit and their license.

24 Q Prior to December 16th of 2000, about how many times

25 would you have encountered Brian Winchester hunting at the 149 1 Lake Seminole area?

2 A You know, I didn't really count the times. But I

3 would estimate three to five times.

4 Q Did you ever encounter Brian Winchester and Mike

5 Williams hunting together for ducks prior to December 16th of

6 2000?

7 A A few years before and maybe that year as well.

8 Q So maybe one time?

9 A Maybe one time. yeah.

10 MR. WAY: No further questions, Your Honor.

11 THE COURT: Redirect?

12 MR. FUCHS: Briefly.

13 REDIRECT EXAMINATION

14 BY MR. FUCHS:

15 Q Talk about the dogs. Just for clarification, they

16 pick up on both live scent -- scent of live people as well as

17 deceased, correct?

18 A Yes.

19 Q So if you'd run them over the boat that people had

20 been in, there's no way to tell which alert they're doing,

21 correct?

22 A That's right.

23 Q So they would have alerted somebody was in the boat,

24 but you can't tell whether that's a deceased or --

25 A Not unless you do what we call scent discrimination. 150 1 And that wasn't available.

2 Q It wasn't available at that time?

3 A No.

4 Q Okay.

5 MR. FUCHS: No further questions.

6 THE COURT: All right. Any juror have a question of

7 this witness?

8 (No audible response.)

9 THE COURT: All right. If not, you may step down.

10 Do we need to keep him further?

11 MR. FUCHS: Your Honor, he will be subject to

12 recall, but he can go about his business.

13 THE COURT: All right. You can go about your

14 business. Be subject to recall. You are under The Rule

15 of Sequestration, so don't discuss the case with anyone.

16 Call your next witness.

17 MR. FUCHS: Yes, Your Honor. State would call Tully

18 Sparkman.

19 THE COURT: If you'd face the clerk and be sworn

20 please, sir.

21 whereupon,

22 TULLY SPARKMAN,

23 was called as a witness, having been first duly sworn, was

24 examined and testified as follows:

25 THE COURT: Have a seat. Slide up to the 151 1 microphone, please, sir.

2 DIRECT EXAMINATION

3 BY MR. FUCHS:

4 Q Good afternoon, sir.

5 A Hello.

6 Q Can you please introduce yourself to the jurors?

7 A My name's Tully Sparkman.

8 Q Okay. And Mr. Sparkman, are you employed?

9 A Yes, I am.

10 Q where do you work?

11 A I work for the State Attorney's Office.

12 Q And what do you do with the State Attorney's Office?

13 A I'm an investigator.

14 Q How long have you been an investigator with the

15 State Attorney's office?

16 A I have been an investigator for nearly 13 years.

17 Going on 13.

18 Q okay. Prior to that, did you have any prior law

19 enforcement experience?

20 A Yes. For five years I was employed with the Florida

21 Fish and wildlife Conservation Commission.

22 Q And what were your duties with Florida wildlife?

23 A I was a law enforcement officer.

24 Q okay. And then what are your duties at the State

25 Attorney's office? 152 1 A I am an investigator. I work in the Jefferson

2 County office.

3 Q And as an investigator with the State Attorney's

4 Office, what kind of things do you do?

5 A we assist the attorneys prepping cases for trial,

6 interviews, locating witnesses, stuff such as that.

7 Q As an investigator, are you also called upon to

8 assist other law enforcement agencies in conducting an

9 investigation?

10 A Yes. There's oftentimes we do that.

11 Q In that capacity at the State Attorney's Office, did

12 you become involved in the disappearance of Mike Williams?

13 A Yes, I did.

14 Q How is it that you became involved?

15 A I was assigned the case when I came to the

16 Tallahassee Office in oh -- I believe it was around '06, '07.

17 Around '07,I believe.

18 Q Any particular reason you were assigned -- how many

19 investigators are at the State Attorney's Office?

20 A we have a total of about ten. I came in and kind of

21 inherited it from a person that had left.

22 Q okay. And who was that person?

23 A That was Ronnie Austin (phonetic).

24 Q You mentioned earlier that you had been involved

25 with FWC prior to that. Is that part of the reason you were 153 1 assigned this case?

2 A That's another reason for it. I had some background

3 in some of the initial stuff going on with the case. Not that

4 I was involved in it. But FWC was involved with a lot of it,

5 so I had some knowledge of what they would have been doing and

6 how that would have been handled.

7 Q And, just to be clear, you weren't involved in the

8 search back in December of 2000 for Mike Williams with FWC,

9 correct?

10 A No,I was not.

11 Q okay. You just kind of knew who the players were?

12 A Yes.

13 Q All right. How is it or why is it the State

14 Attorney's Office became involved in this investigation?

15 A Just another set of eyes. Somewhat of a liaison to

16 the other law enforcement officers in the case to, you know,

17 keep us in the loop and everybody working together as a team.

18 Q okay. And when was it that you became involved?

19 A It was around '07. Somewhere in that range.

20 Q Now, whenever Mike Williams first went missing it

21 was classified as a missing person. At some point did that

22 change and become a,I guess, suspicious death?

23 A Yes.

24 Q Or suspicious circumstances?

25 A Yes. 154 1 Q why is that?

2 A just the background surrounding it. I don't know

3 how much to go into it. But as a Fish and wildlife officer,

4 one of the things that I always -- we recovered bodies from

5 the water often. And I've never been to one that the body did

6 not float or was not recovered. So, you know, that became

7 suspicious in itself, the fact that we never had a body in the

8 water there.

9 Q Okay. were there any other circumstances there that

10 had happened between the disappearance of Mike Williams in

11 2007 that also gave rise to suspicious circumstances?

12 A During that time there were several -- some of the

13 stuff was evidence that was found, who found it. There was a

14 lot of that stuff that was -- there were missing parts of time

15 in people's alibis. Yeah. So there were several things that

16 were suspicious, to say the least.

17 Q Okay. And let's talk, if we can -- I assume when

18 you came in in 2007, did you also go back and review the prior

19 investigations and other things that had happened?

20 A Yes. Yes, sir.

21 Q Did you learn who people were as it relates to this?

22 A Yes.

23 Q Okay. So let's start talking about that.

24 A Okay.

25 Q Mike williams. who is Mike Williams? 155 1 A Mike williams was an adjustor for Clay Ketchum.

2 think it was Clay Ketchum is where he worked. Married to

3 Denise -- marital at the time is winchester -- or,I mean,

4 williams.

5 Q Okay. So Mike williams is married to Denise

6 Williams?

7 A Yes.

8 Q Did you become familiar with a person by the name of

9 Brian Winchester?

10 A Yes, I did.

11 Q Who was Brian Winchester?

12 A Brian was married to Kathy Winchester. They were

13 friends with the -- the two families were friends.

14 Q okay. At some point prior to 2007 did you become

15 aware that Brian Winchester and Denise Williams had become an

16 item and got married?

17 A Yes.

18 Q Did that factor into your -- into the suspicious

19 nature of all this?

20 A Yes. It was a suspicious matter, of course. Yes.

21 Q okay. In your involvement -- I know you talked

22 about you went back and reviewed certain things. Did you take

23 any efforts to try and get -- conduct your own investigation?

24 Find any kind of records?

25 A Yes, I did. 156 1 Q okay. what steps did you take?

2 A we looked into financial records, phone records. we

3 did other interviews when we would get leads on different

4 aspects. we followed it to wherever it would lead, you know,

5 picking up what we could, where we could.

6 Q Let's first talk about phone records.

7 A okay.

8 Q You're familiar with phone records as they exist

9 today, cell phone records and things like that?

10 A Yes.

11 Q was there something different about the phone

12 records as we talk about them back in 2000 versus where we are

13 today?

14 A Yes. It's a lot different. TO begin with, we

15 didn't have the little computer we all hold today. You know,

16 back then maybe you had a flip phone. But the text messaging

17 was a lot different. You know, there was no computer screen

18 there to type on. So what you could get was different. It

19 was emerging. There was no -- I think landlines and stuff you

20 could only get long distance stuff. You couldn't -- and so

21 there's a lot that was not available then that is available

22 now.

23 Q okay. Talk about the landlines. Did phone records

24 exist between local calls of landlines?

25 A No. 157 1 Q Okay. only long distance?

2 A Yes.

3 Q Did you take steps to get phone records back then?

4 A Yes.

5 Q what step did you take?

6 A we wrote up subpoenas. we did get some phone

7 records for more recent stuff. But trying to go back to the

8 2000 date range -- they only keep the records for so long. So

9 after about seven years -- I think it was seven years -- they

10 purge all the records.

11 Q Okay. And were you outside that time frame?

12 A Yes.

13 Q Did you go back and try and look for items that had

14 possibly been seized by law enforcement, specifically FWC?

15 waders? jackets? Things along those lines?

16 A Yes, we started trying -- at a point, trying to

17 kind of collect all this stuff and gather it into, you know,

18 one spot, one location. Because t was kind of -- at that

19 time -- it was a missing boater, you know, at one point. And

20 there was suspicions of whether he was in the lake or not.

21 And so we made a decision we needed to start to

22 gather everything together in case things started to change.

23 Q And were you able to find any of those items?

24 A Some of them.

25 Q what were you able to find? 158 1 A I think we found the boat. I believe we found the

2 boat. I may be incorrect on that. we did not find the

3 waders. we found a copy, I believe, of the -- I'm trying to

4 remember back now what all we actually found. There were bits

5 and pieces of clothing. Small things. Nothing too

6 substantial

7 Q Didyou everfindthe waders?

8 A No,we neverfoundthe waders.

9 Q jacket?

10 A No.

11 Q Okay. You said -- you mentioned the boat.

12 A Right.

13 Q Did you --

14 A That was never recovered. It was never put in --

15 impounded or seized for whatever reason.

16 Q what do you mean?

17 A I don't believe the boat was ever -- I could be

18 incorrect there, but i don't think we had it -- we didn't

19 have -- what I mean to say is, we didn't have it to process

20 it,I guess, in that manner.

21 Q Okay. So it wasn't seized initially, but you may

22 have come back and recovered it?

23 A Right. Exactly. That's what I'm trying to say.

24 Q Okay. Did you also take steps to get the certified

25 copies of death certificates and the petition to get that? 159 1 A Yes, we did.

2 Q I'm showing what's been previously marked as State's

3 Composite 7-A,B and C. Ask you to take a look at those

4 items.

5 A Okay.

6 Q Do you recognize those?

7 A Yes.

8 Q what do those appear to be?

9 A There's a petition for presumptive death

10 certificate, an order for presumptive death certificate and a

11 certificate of death.

12 MR. FUCHS: Your Honor, at this time I'd move

13 certified copies of the petition of those items into

14 evidence as self -authenticating documents as Exhibit 7-A,

15 B and C.

16 THE COURT: Any objection?

17 MR. WAY: No objection, Your Honor.

18 THE COURT: 7-A,B and C will be admitted.

19 (State's Exhibit No. 7-A, B, C received in

20 evidence.)

21 BY MR. FUCHS:

22 Q Now, Mr. Sparkman, what is the date of that petition

23 for death certificate?

24 A Looks like it was signed on June 29, 2001.

25 Q Okay. Roughly six months after Mr. Williams went 160 1 missing?

2 A Yes. That would be correct.

3 Q Okay. During the course of your investigation did

4 you also learn of a possible insurance payout to Denise

5 Williams?

6 A Yes, we did.

7 Q Did that also heighten your suspicions as it relates

8 to the manner of death?

9 A Yes.

10 Q Okay. Showing you what's been previously marked as

11 State's ExhibitNo.8.

12 MR.FUCHS: Your Honor, mayIapproach?

13 THECOURT: You may.

14 BYMR.FUCHS:

15 Q Do you recognize that item?

16 A Yes.

17 Q What does that item appear to be?

18 A It's a marriage certificate for Brian Winchester and

19 Denise Williams.

20 MR.FUCHS: At this time I'd move State's Exhibit

21 No.8 into evidence as a self -authenticating certified

22 copy.

23 THECOURT: Any objection?

24 MR.WAY: Noobjection, Your Honor.

25 THECOURT: Be admitted. 161 1 (State's Exhibit No.8 received in evidence.)

2 BY MR. FUCHS:

3 Q And what is that again?

4 A A marriage certificate for Brian winchester and

5 Denise Williams.

6 Q Denise Williams?

7 A Yes.

8 Q And what's the date of that?

9 A The date on that was -- like, the date license

10 issued was November 11 -- or November 23, 2005. I'm sorry.

11 Q Okay. And looking at that marriage certificate,

12 does it show the date of marriage?

13 A Date of marriage, yes.

14 Q what is that date?

15 A December 3, 2005.

16 Q Thirteen days from the date of the anniversary of

17 the -- of Mike Williams going missing, correct?

18 A Correct. Yes.

19 MR. FUCHS: No further questions.

20 THE COURT: Cross?

21 CROSS- EXAMINATION

22 BY MR. WAY:

23 Q Good afternoon, Investigator Sparkman.

24 A Good afternoon.

25 Q Your involvement in this case began, I believe you 162 1 testified, several years after the disappearance of Mike

2 williams; isn't that true?

3 A That's correct.

4 Q Because isn't it true you were -- if I recall

5 correctly -- you were in the FWC Academy at the time of the

6 disappearance in 2000?

7 A Yes.

8 Q So when we're talking about time frames on some of

9 these things, would it be fair to say that there's quite a

10 number of years between some of the events that you just

11 testified to? As many as five years and, as we sit here

12 today, as many as almost 18 years from the disappearance,

13 correct?

14 A Yes.

15 Q During the course of your investigation you learned

16 that Brian Winchester and Denise Williams had gone to school

17 together, correct?

18 A Correct.

19 Q In fact, they'd gone to kindergarten together as

20 three-year-ol ds?

21 A I believe so. From what I've heard.

22 Q They've known each other almost their entire lives?

23 A Seems so.

24 THE COURT: Make sure you speak to the microphone,

25 Investigator Sparkman, so we hear you, please. 163 1 THE WITNESS: Okay.

2 BY MR. WAY:

3 Q I'm sorry, could you repeat the answer?

4 A Yeah, it would seem so.

5 Q And you were also aware, based on your

6 investigation, that both Mike Williams and Kathy -- now Kathy

7 Thomas, at the time Kathy Aldridge, all attended North Florida

8 Christian together, correct?

9 A Yes.

10 Q And they went to college together, correct?

11 A I don't know about the college.

12 Q But from the time that they graduated from high

13 school they were -- and even before, they were close friends?

14 A It would seem so, yes.

15 Q And, as it at least relates to Mr. Winchester and

16 Ms. Williams, they'd known each other for quite a significant

17 amount of time?

18 A Yes.

19 Q Now, you testified earlier about the issue of

20 something becoming a suspicious death.

21 A Yes.

22 Q Is it fair to say that in your line of work a spouse

23 in a missing person or homicide is generally always a suspect?

24 A Yes.

25 Q That's something you learn almost day one on missing 164 1 persons, homicide. Suspect [sic] is very closely tied to

2 being a principal suspect?

3 A well, yeah, you'd look at them.

4 Q i'm probably going to need you to speak up a little,

5 please, Investigator Sparkman.

6 A okay. Yes.

7 Q That's okay. As t related to the death certificate

8 that you just testified to, you were -- in the course of your

9 investigation, you looked into the procurement of the

10 certificate of death in 2001, correct?

11 A Yes.

12 Q You've also reviewed, and it's been introduced into

13 evidence, a death certificate, correct?

14 A Correct.

15 Q You've seen death certificates before, correct?

16 A Yes.

17 Q You can also get a death certificate that says

18 homicide?

19 A Yes.

20 Q And that could generally be issued much quicker once

21 a person is determined to have been murdered. Is that your

22 experience and understanding?

23 A I -- I mean, I don't know specifically, no.

24 Q well, as it relates to the exhibit that was just

25 introduced, in terms of obtaining the death certificate, had 165 1 you ever seen one of those petitions before?

2 A A petition for death?

3 Q No. The petition to obtain a death certificate in

4 the particular circumstances we're dealing with here?

5 A No.

6 Q Where someoneTs missing?

7 A No.

8 Q Never seen one of those before?

9 A No.

10 Q During the course of your investigation, did you

11 learn that's a very rare and very difficult process to utilize

12 to obtain a presumptive death certificate?

13 A I've never seen one, so I would expect it to be

14 rare.

15 Q Haven't seen one since either, have you?

16 A No.

17 Q In the time frame that we're talking about, just so

18 that we're clear, when Mike Williams went missing, the

19 President of the united States of America was Bill Clinton.

20 A You're testing my history.

21 Q well, you remember that around this time in December

22 of 2000 we had the Bush/Gore issues?

23 A Yes.

24 Q Essentially it consumed this entire courthouse, as a

25 matter of record. 166 1 A Yes.

2 Q The time that we're talking about in terms of when

3 this marriage certificate was obtained is 2005. To the best

4 of your recollection, is President George W. Bush the

5 president at that point in time?

6 A Yes.

7 Q Quite a long period of time had actually -- had gone

8 from when the missing fisherman or missing hunter, Mike

9 williams, went hunting until the time that this wedding took

10 place in December of 2005?

11 A I guess it'd be about five years.

12 Q About five years. And in the intervening period of

13 time from the five years, did you, in the course of your

14 investigation, discover that Ms. Williams had been involved in

15 a romantic relationship with one Charles Bunker?

16 A Yes, we did.

17 Q All right. And when was that time frame?

18 A I don't know the exact date on that.

19 Q But it was prior to 2005, correct?

20 A Correct.

21 Q And it was a longer -term relationship. It may have

22 been over several years, do you recall that?

23 A I don't recall the exact amount of time on it. But

24 I do know there was a relationship.

25 Q okay. And it was a relationship of a personal 167 1 nature?

2 A Asfar as weknow, yes.

3 Q Andthey weredating?

4 A Yes.

5 Q And when you say, as far as we know, did you ever

6 interview Charles Bunker?

7 A I, personally, did not.

8 Q All right. You had indicated earlier in some of

9 your questioning about what raised your suspicion was

10 insurance. In your experience as an investigator of 18 years,

11 do you believe that life insurance pays out when someone is

12 believed to have passed away?

13 A As far as I've seen, yes.

14 Q And the purpose of having life insurance may be to

15 payout in the event of untimely demise?

16 A Yes.

17 Q So the fact that a life insurance policy is paid is

18 not particularly anything that makes you suspicious?

19 A The payment of it, no.

20 Q During the course of your investigation, did you

21 determine that Brian Winchester worked for his father, Marcus

22 Winchester?

23 A Yes.

24 Q And what kind of work did they do?

25 A Insurance sales. 168 1 Q And during the course of your investigation into the

2 insurance sales, were you able to determine whether or not

3 Marcus winchester and Brian winchester had a good business?

4 were they selling lots of policies?

5 A As far as we could tell, yes.

6 Q Okay. And do you know if they sold a policy to

7 other friends and family from the time that they went to North

8 Florida Christian?

9 A That, I don't know.

10 Q But it wasn't uncommon for you to see that Marcus or

11 Brian Winchester had sold insurance policies to people?

12 A No. It was not.

13 Q And you knew from your investigation that Brian

14 Winchester and Mike Williams were very close friends?

15 A Yes.

16 Q During the course of your investigation, were you

17 able to determine whether or not on Friday, December 15, 2000,

18 the day before Mike Williams went missing, were you able to

19 determine whether or not Brian Winchester and his wife, Kathy

20 Winchester, and Denise Williams and her husband Mike Williams

21 traveled to Thomasville, Georgia for the Victorian Christmas?

22 MR. FUCHS: I'm going to object. That calls for

23 hearsay.

24 THE COURT: Sustained.

25 169 1 BY MR. WAY:

2 Q when you talked about phone records, in the period

3 of time -- you talked about seven years --

4 A uh-huh.

5 Q -- being a date that seemed to be a range that you

6 could go back. So what year would you have begun looking for

7 phone records?

8 A I started looking -- well, I tried to get those -- I

9 think it was about eight years after the death, so it would

10 have been about 2008.

11 Q All right. So you didn't begin to start looking for

12 records until 2008?

13 A Not for those records, no. It was a suspicious --

14 or a missing person up until that point. And then it started

15 gathering. And it was one of those things that we decided we

16 should try and get those also.

17 Q Do you know where Ms. Williams was working in say,

18 2000? Prior to the disappearance, do you know where she

19 worked?

20 A No,I do not.

21 Q Do you know where Mr. Winchester -- well, you knew

22 Mr. Winchester was working for his father?

23 A uh-huh.

24 Q So you never went back to Ms. Williams' employer to

25 check to see if they had phone records or anything that would 170 1 indicate whether there were any calls or communications with

2 anyone?

3 A If they were local calls we would not have had any

4 information on them anyway.

5 Q well, let me ask you a question. You say that with

6 some certainty that you wouldn't have known. But what if

7 someone had called and left a message? Did you go back and

8 look for hard message pads?

9 A No,I did not.

10 Q Did you go back and look for any in the office

11 routing or anything that would suggest, hey, you got a phone

12 call from so and so?

13 A No.

14 Q Did you ever obtain any credit card receipts or

15 anything that would suggest that there was any communication

16 or anything between Mr. Winchester and Ms. Williams for, say,

17 the time period of 2000?

18 A No. we tried to get the financial records, but they

19 were also purged.

20 Q Did you go and just beat the grass and look for

21 eyewi tnesses?

22 A That's what our investigation was.

23 Q But you didn't find any, did you?

24 A Not on that aspect, no. we didn't.

25 Q When you were involved in the investigation, 171 1 Investigator Sparkman, you were at that time with the State

2 Attorney's Office, correct?

3 A Correct.

4 Q were thereother agencies that were involved with

5 the investigation asyou understood it?

6 A Yes.

7 Q And thoseagencies include the Florida Department of

8 Law Enforcement?

9 A They wereone of them.

10 Q The JacksonCounty Sheriff's Office?

11 A Yes.

12 Q The Departmentof Financial Services?

13 A Yes.

14 Q The unitedStates Government Alcohol Tobacco and

15 FirearmService?

16 A Yes.

17 Q was thereanyone I missed?

18 A No. Not atthat time.

19 MR. WAY: Nothing further, Your Honor.

20 THE COURT: Redirect?

21 MR. FUCHS: Yes, Your Honor.

22 REDIRECTEXAMINATION

23 BY MR. FUCHS:

24 Q Mr. Way asked you about the life insurance policies.

25 Not suspicious in themselves?That's what life insurance -- 172 1 A Not in themselves, no.

2 Q Life insurance policies, that's what they do,

3 correct?

4 A Yes.

5 Q Okay. He also asked you some questions about

6 certificate of death. It's a lot easier to get on a homicide,

7 correct?

8 A Yes.

9 Q It would be fair to say that when you have a

10 homicide you typically have a body?

11 A Correct.

12 Q That would show the person is dead?

13 A Yes.

14 Q In this particular case, we did not?

15 A we did not.

16 Q Okay. And the steps that were taken, as Mr. Way

17 pointed out, that a declaration or certificate for death in a

18 missing person is a rare circumstance?

19 A Yes.

20 Q In fact, you've never seen it?

21 A No.

22 Q So, in other words, Ms. Williams took great length

23 and went to great length and took a lot of steps in order to

24 get this particular death certificate?

25 A Correct. 173 1 Q And you can't get a life insurance payout for death

2 unless you have a death certificate, correct?

3 A That's correct.

4 Q Okay. One of the other questions that was asked has

5 to do with the spouse is always looked at on a homicide

6 initially?

7 A Yes.

8 Q During your training and experience in 18 years of

9 law enforcement, one of those things is someone who is known

10 to the missing person or the deceased person as a suspect,

11 correct?

12 A Yes.

13 Q what is another aspect that is looked at as it

14 relates to finding out the motive behind a killing?

15 A well, I mean, one of the things is the old adage of

16 follow the money. See who benefits. where the motives are.

17 Q Follow the money and follow the person that knows

18 them?

19 A Yes.

20 Q The spouse?

21 A Correct.

22 MR. FUCHS: No further questions.

23 THE COURT: All right. Any juror have a question of

24 this witness?

25 (No audible response.) 174 1 THECOURT: All right. You can step down. want to

2 keephimsubject to recall?

3 MR.FUCHS: He would be, Your Honor.

4 THECOURT: All right. You'll be subject to recall.

5 Whydon't we take ten minutes. Let the jury step

6 out.

7 (Juryexits.)

8 THECOURT: Does either side need anything?

9 MR.FUCHS: No, Your Honor.

10 MR.WAY: No, Your Honor.

11 (Arecess was had.)

12 THECOURT: Are y'all ready for the jury?

13 MR.WAY: Yes, Your Honor.

14 THECOURT: All right. Let's have the jury, please.

15 MR.FUCHS: Yes, Your Honor.

16 MR.WAY: Your Honor, in this case Mr. Padovano will

17 be handlingthe cross.

18 THECOURT: okay.

19 (Juryenters.)

20 THECOURT: Everybody be seated.

21 Ifyou would face the clerk and be sworn, please,

22 sir.

23 whereupon,

24 MICHAEL DEVANEY,

25 was calledasa witness, having been first duly sworn, was 175 1 examined and testified as follows:

2 THE COURT: Have a seat. Slide up to the

3 microphone, please, sir.

4 You may proceed, Mr. Fuchs.

5 MR. FUCHS: Thank you, Your Honor.

6 DIRECT EXAMINATION

7 BY MR. FUCHS:

8 Q Good afternoon, sir.

9 A Good afternoon.

10 Q Can you please introduce yourself to the jurors?

11 A My name is Michael Devaney. I was formerly with the

12 Florida Department of Law Enforcement for a little over 37

13 years.

14 Q okay. And you say formerly --

15 A Yeah. Vm now retired.

16 Q okay. And with the Florida Department of Law

17 Enforcement, what duties did you have?

18 A For the last about 20 years before I retired I was

19 on a violent crime squad. My main responsibilities were

20 working child abuse cases and violent crime.

21 Q Okay. Are you a sworn -- or were you a sworn law

22 enforcement officer?

23 A Yes, sir,I was.

24 Q So you were an investigator?

25 A Yes, sir,I was. 176 1 Q In working those kind of cases, I'm assuming you're

2 talking about conducting investigation, reviewing police

3 reports, things along those lines?

4 A Yes, sir.

5 Q Interviewing witnesses?

6 A Yes, sir.

7 Q in that capacity did you have occasion to become

8 involved in the Mike Williams' disappearance?

9 A Yes, sir,I did.

10 Q How is it that you became involved initially?

11 A Basically, back in 2010 there had been an agent that

12 had been working this case, he and other agents. He was

13 promoted. i was assigned this case from that point on.

14 And again, we started an immense review of all the

15 information that had been gathered at that time.

16 Q when you say an immense review, what do you mean?

17 A Basically, one of the -- my main task was -- is to

18 take information that had been gathered since year 2000 by

19 FWC, Florida wildlife Commission, other law enforcement

20 agencies, state attorney's investigators, at least three other

21 special agents with FDLE. Conduct a review of all of those

22 cases and just, basically, try to get a handle on it.

23 Q okay. Now, you're talking at 2010. Ten years

24 after -- roughly ten years after the disappearance of Mike

25 Williams? 177 1 A Yes, sir.

2 Q And you're going back and reviewing it?

3 A Yes, sir.

4 Q would it be fair to say that you're reviewing it

5 because it hadn't been solved?

6 A Correct.

7 Q A cold case, if you will?

8 A It was.

9 Q And, essentially, review would be a new set of eyes

10 on it for an evaluation, correct?

11 A Yes, sir. coming into it I knew very little about

12 the case. So, basically, it was a new set of eyes.

13 Q okay. And what was the purpose for you to come in

14 and do it at that particular time? Had anything developed or

15 it was just a take another crack at it?

16 A what we wanted to do was, again, review everything

17 there was about this case to see was there anything that was

18 missed. Talk to the other investigators who had been involved

19 in this. And try to develop maybe leads or new information.

20 of course, we -- we had a real situation in that

21 when this case was first investigated, it was not investigated

22 as any type of a crime. It was a missing person's report. So

23 we had to examine that. And we realized that a lot of

24 information that we maybe could have had at that time, it was

25 lost. 178 1 Q Okay. when you say it's lost, what do you mean?

2 A well, basically, this whole situation back in

3 December of 2000, it was handled by various agencies as a

4 missing person's report from Lake Seminole. There were items

5 that were left at the scene, items gathered. But they weren't

6 treated as evidence, per se, as you would in a normal criminal

7 investigation.

8 So when we had to look at this, you know, again in

9 2010, those items -- those items were gone. we had

10 photographs of that information. But as far as the ability to

11 do any sort of an analysis, again, that was gone.

12 Q And, just for clarification, let's say -- I know a

13 boat was recovered in this particular case?

14 A Yes, sir.

15 Q under normal circumstances with a homicide

16 investigation you would take steps in order to do a forensic

17 examination of a boat, would you not?

18 A Absolutely. A boat would have been seized. would

19 have been examined at the scene. And eventually would go back

20 to a forensic laboratory, such as the one at FDLE. And there

21 would have been an analysis of that boat and everything inside

22 the boat.

23 Q But that was not done in this situation because it

24 was a missing person's, correct?

25 A Correct. 179 1 Q Same thing with waders that were recovered and other

2 items such as that, correct?

3 A Absolutely.

4 Q would it be fair to say that handcuffed the

5 investigation in a lot of ways?

6 A It did. Because we didn't have those items to

7 examine. The one thing we had is, basically, interviews

8 conducted at the time by the people there on the scene in the

9 year 2000.

10 Q okay. Now, it had been originally classified as a

11 missing person.

12 A Correct.

13 Q You're now taking a new set of eyes at it. Had the,

14 I guess the title of it, if you will, changed? was it still a

15 missing person's? Had it been declared a homicide? what was

16 the status of the investigation?

17 A Basically, it had changed in 2004. Now it was a

18 suspicious missing person.

19 Q what does that mean?

20 A Basically, we could not prove or had no information

21 it was a homicide. But taking the information in its total,

22 you know, just, a lot of things didn't quite make sense.

23 There was a lot of things that we needed to rule out that we

24 really could not rule out, as far as this being any sort of an

25 accidental death. There were too many things that were i:i 1 unanswered.

2 Q In 2010 were there particular persons that were

3 being looked at as possible suspects?

4 A In 2010, going back a little bit, once I, again, was

5 assigned the case, I had a lot of stuff to review. A lot of

6 people to talk to. And what we decided to do in December of

7 that same year was to bring most of those investigators

8 together, along with an investigator from Tallahassee P.D. and

9 Leon County S.O. and sit down and talk about this case. Put

10 everything on the table, per se.

11 I conducted a Power Point investigation. Again,

12 went over every aspect of information that we knew. And at

13 the end of that, we came up with some ideas. And with that we

14 did develop persons of interest.

15 Q And who would those persons of interest be?

16 A It would have been Denise Winchester and Brian

17 winchester.

18 Q And at that time Denise and Brian had been married,

19 correct?

20 A Correct. They were married, I believe, in 2005.

21 Q And what is it that made them possible suspects? Or

22 suspi ci ous?

23 A well, you have to go back. There were several

24 things. The investigators that were assigned to this case,

25 including myself, we were very uneasy about the insurance 181 1 situation. we realized it was Brian that reached out to try

2 to find out what it would take to get Mike declared dead. It

3 was Brian that did that. we found out that Brian actually

4 sold a million dollar insurance policy to Mike just before his

5 death. That needed to be researched. we had problems --

6 Q Let me stop you right there.

7 A I'm sorry.

8 Q Talking about the insurance policy. was Brian a

9 benefactor of the insurance policy?

10 A I believe he was.

11 Q was he -- did the payout go to him or did it go to

12 Deni se?

13 A Denise.

14 Q So the payout of the insurance policy would be to

15 Deni se?

16 A Yes, sir.

17 Q Okay. So at this point -- at 2010, upon the review

18 and everything like that, no arrests were made at that

19 particular time, correct?

20 A No, sir.

21 Q would it be fair to say that, basically, the case,

22 despite the review, was still in the cold -case status and

23 unsol ved?

24 A It was a cold case, but it was certainly not

25 ignored. we were hoping to have developments. I mean, we 182 1 certainly examined, you know, the behaviors of both Denise and

2 Brian between that time and later on. Again, they were sort

3 of under a microscope by our agency.

4 Q okay. Did things change in August of 2016?

5 A They did.

6 Q What happened?

7 A Brian was arrested for the alleged kidnapping of

8 Denise.

9 Q were you informed of that investigation?

10 A I was. One of our supervisory special agents was

11 contacted by David McCranie with the Tallahassee Police

12 Department that there had been a situation where Denise had

13 been kidnapped. And that she was en route to the Leon County

14 sheriff's office to meet with an investigator about the

15 incident that occurred earlier that day.

16 Q Let me stop you right there. David McCranie is --

17 you said he's with Tallahassee Police Department?

18 A Yes, sir.

19 Q Does he have any other significance as it relates to

20 this case?

21 A He is Denise's brother-in-law. He is married to one

22 of Denise's sisters.

23 Q okay. So Florida Department of Law Enforcement is

24 contacted about this situation, that she was en route to the

25 Leon County Sheriffs Department? 183 1 A Yes, sir. And then I was contacted by the

2 supervisory special agent. And once we found out that she was

3 en route to the sheriff's office, I obtained the assistance

4 from another agent, will Mickler. Contact was made with

5 Investigations, Leon County 5.0. we found out that Denise was

6 currently being interviewed by one of their investigators and

7 we went straight to the Leon County sheriff's office to the

8 Investigations unit to, basically, monitor what was going on.

9 Q Okay. when you say, monitor what was going on, what

10 does that mean?

11 A well, she was being interviewed in a specialized

12 interview room at Leon County S.0. when i mean specialized,

13 it was -- basically, there was a videotape where you could sit

14 in another room and you could hear and listen to that

15 interview.

16 Q okay. And did you -- were you listening in at that

17 point?

18 A Yes, sir. I was partially listening, also getting

19 information for the investigators that were in the

20 Investigations unit at that time.

21 Q Okay. Did you have an occasion to actually go in

22 and speak with Ms. Williams?

23 A Yes, I did. Once her interview was completed by the

24 investigator, Mr. McCranie took some time to talk to her.

25 Then I obtained permission to go in and talk to Denise. I: 1 Q All right. And did you do so?

2 A Yes, sir,I did.

3 Q Now, at that point she's not detained? She's not --

4 A No, sir.

5 Q -- being arrested or any of that stuff, correct?

6 A No, sir.

7 Q okay. Did you ask her about Brian being involved in

8 Mike williams' disappearance?

9 A Yes, sir. After talking to Denise for a few

10 minutes, explaining who I was, who I worked for and our

11 interest in the case,I tried to talk to her about that there

12 may be a connection between what happened that day and the

13 disappearance of Mike. In other words, because of the

14 activity of Brian that day, you know, there may be some

15 culpability there.

16 She did not agree to that. She told me that if she

17 had any indication, any belief that Brian may have done

18 something to her husband at the time, she certainly would not

19 have married him.

20 Q okay. Now, it's my understanding that

21 Mr. Winchester had held a gun to her?

22 A Yes, sir.

23 Q Had kidnapped her?

24 A Yes, sir.

25 Q Made her drive somewhere? 185 1 A Yes, sir.

2 Q Maybe, possibly had some items of bleach in the car

3 and tarps and things along those lines?

4 A That's what I understand. Yes, sir.

5 Q And when you asked her about his involvement in Mike

6 williams she says, certainly not?

7 A Correct.

8 Q Never, no?

9 A Yeah. I tried to convince her that everything that

10 was gathered and all the information that was there, that

11 certainly could have been the last day of her life. I was

12 trying to impress upon her this, but it didn't seem to

13 connect.

14 Q At any point did she say, you know, all these years

15 later i never believed he would have, but given what happened

16 today, maybe it was true?

17 A No, sir.

18 Q Nothing along those lines?

19 A No, sir.

20 Q Flat out denial?

21 A Denial.

22 Q Do you see Ms. Williams here in the courtroom today?

23 A Yes, sir,I do.

24 Q Can you please point to her and indicate an article

25 of clothing she's wearing? 186 1 A Yes. she's sitting over here to my right, blond

2 hair. she's wearing a pink -type of garment with a white under

3 blouse.

4 MR. FUCHS: May the record please reflect he's

5 indicated the defendant, Ms. Denise Williams.

6 No further questions.

7 THE COURT: Cross?

8 CROSS- EXAMINATION

9 BY MR. PADAVANO:

10 Q Agent Devaney, let me start where you left off, with

11 the questioning of Denise Williams.

12 A Yes, sir.

13 Q How many -- how many law enforcement officers were

14 there at that time?

15 A In the room with me?

16 Q Yes.

17 A None.

18 Q Well, beforehand there were other people questioning

19 her, right?

20 A Yes, sir. There was -- initially I believe it was

21 Paul salvo with the Leon County sheriff's Office. I think he

22 was in charge of that investigation. After Mr. Salvo, then

23 Mr. McCranie talked to Denise for a few minutes. And after

24 that, I talked to her.

25 Q And you confronted her with your suspicion that she 187 1 was involved in the murder?

2 A Basically what I asked Denise flat out was, about,

3 you know, do you know where Mike is buried. And she says, no,

4 I do not.

5 Q And, now, it's fair to say you were pretty tough on

6 her during that interview, weren't you?

7 A I don't think I was tough on her. Basically, I

8 wouldn't consider this an interview with her. People keep

9 referring to this as an interview. I look at it as a contact.

10 I wanted Denise to know that FDLE was involved in the

11 disappearance of Mike and had been, you know, since the very

12 beginning. No,I don't think I was tough on her at all.

13 i mean, this was not a preplanned contact. This was

14 certainly spur of the moment. And if anybody views this, they

15 realize I was not rough on her at all.

16 Q But you are a trained law enforcement officer. And

17 I assume that you have techniques that you use to get people

18 to admit to crimes, would that be fair to say?

19 A At times. But there, again, this was not a

20 preplanned contact. If it was, you know, there would have

21 been a lot more preparation with this. A lot more, you know,

22 questions lined up ahead of time. And the circumstances would

23 have been different.

24 This was sort of on the cuff. Again,I just want to

25 let her know that FDLE was involved in this. 1 Q But, ultimately, she told you she had no knowledge

2 of any of it, right?

3 A Correct.

4 Q Okay. Now, I'd like to go back to -- your

5 investigation of this case spanned a pretty long period of

6 time off and on,I guess, right?

7 A As far as my participation?

8 Q Yes.

9 A Yes, sir. Since 2010.

10 Q And I realize there were some things that were done

11 early on that you were basically looking over, that you didn't

12 do yourself?

13 A Correct.

14 Q So I'd like to go back to -- if I understand

15 correctly, the allegation that was made was that Denise

16 Williams helped Brian Winchester plan the murder. She talked

17 to him about it. And what I'd like to ask you is if you're

18 aware of any evidence that she took any action in furtherance

19 of that plan? If she committed any overt act to make that

20 happen?

21 A Any overt act, no, sir.

22 Q I'm sorry?

23 A No, sir. I don't.

24 Q No. okay. And let me ask you now about the crime a

25 little bit more broadly. And I don't want to ask you about 1 what people told you. I realize you -- I realize that you

2 talked to lots of people in the course of your investigation.

3 A Sure.

4 Q But what you were able to determine -- were you able

5 to uncover any physical or tangible evidence that you feel

6 connects Denise Williams to this murder?

7 A No tangible evidence, no, sir.

8 Q No. And how long did you work on this?

9 A On and off since 2010.

10 Q And you did an immense review. This is Mr. Fuchs'

11 term. You did an immense review?

12 A Correct.

13 Q Is that right?

14 A Correct.

15 Q And so this immense review did not reveal any

16 tangible or physical evidence to connect this defendant to the

17 cri me?

18 A Not until the arrest of Mr. Winchester.

19 Q well, i know what he told you. I'm not talking

20 about what somebody told you.

21 A Sure. okay.

22 Q I'm talking about physical evidence.

23 A No, sir.

24 Q All right. I have just one more area that I want to

25 explore with you. And that is the -- and I realize this is 190 1 before your -- before you got involved in it, but the period

2 of '97 to 2000. And there was some discussion, I think, that

3 you had about telephone records. Correct me if I'm wrong, I

4 don't know if you -- maybe that was -- I'm sorry. Maybe that

5 was Investigator Sparkman who was saying that.

6 So let me just ask this question: Do you know

7 what -- and I'm not sure this is a law enforcement term, so

8 tell me if it's not.

9 A Okay.

10 Q But if i use the term credit-card surveillance,

11 would that ring a bell with you? It would make some sense to

12 you?

13 A Maybe credit-card examination, but not surveillance.

14 Q Examination, what would that be?what would that

15 entail?

16 A Basically, going over credit card records of an

17 individual

18 Q And why would you be doing that on a particular

19 investigation?

20 A Trying to get a tracking or a history of

21 expenditures by that individual.

22 Q So -- so, just to give the jury an example, if I

23 went to Starbucks this morning and bought a cup of coffee at

24 20 minutes after nine, and I paid for it with a credit card,

25 you could get my credit card record, you could subpoena that 191 1 and prove that Phil Padovano was at Starbucks at 9:20 in the

2 morning in Tallahassee?

3 A In this day and age you could do that.

4 Q All right. And in the same way, you could construct

5 a whole narrative of where people -- assuming they use credit

6 cards -- where they go? What they do and where they go?

7 A This day and age you can do that, yes, sir.

8 Q Let me ask you, you say, this day and age. Was

9 there not MasterCard and visa and American Express in 1997?

10 A Yes, there were. Yes, sir.

11 Q Did you look and see if Brian Winchester had one of

12 those credit cards?

13 A Maybe some of the people before I had this case may

14 have looked at it.

15 Q Are you aware of anyone who looked at his credit

16 cards?

17 A Not off the top of my head.

18 Q So if he used his credit cards to buy flowers for

19 Denise Williams or something like that, you would have no

20 idea?

21 A No, sir.

22 Q If he used his credit card to pay for a hotel room,

23 you would have no idea?

24 A I'm not sure the recordkeeping -- that would have

25 been, you know, the same back then that it is now. I have no 192 1 idea.

2 Q well, let's -- let's -- let's go back to that. Are

3 you saying that we didn't have MasterCard and American Express

4 and --

5 A we did.

6 Q -- and visa cards in 1997?

7 A No, we did.

8 Q we did?

9 A Yes, sir.

10 Q And we had subpoenas in 1997, did we not?

11 A we did.

12 Q So if somebody in law enforcement -- and please

13 believe me, I'm not trying to criticize your work.

14 A Sure.

15 Q i realize this is something that happened after you

16 got -- I mean, before you got involved in the case.

17 A Yes, sir.

18 Q So let me just say law enforcement, generally --

19 A uh-huh.

20 Q -- could have figured out with credit cards,

21 assuming he used a credit card, where he was? If he was

22 courting Denise during that period of time, someone could have

23 maybe found some evidence of that?

24 A If subpoenas would have been issued, there's a

25 chance of that, yes, sir. 193 1 Q Okay. But as there is, there is no evidence of

2 that, other than what Brian winchester says?

3 A Correct.

4 Q Thank you.

5 THE COURT: Redirect?

6 MR. FUCHS: Yes, Your Honor.

7 REDIRECT EXAMINATION

8 BY MR. FUCHS:

9 Q The question was asked, if you issued a subpoena in

10 1997 could you have gotten the credit cards.

11 A Could I have gotten the credit cards?

12 Q If you had issued a subpoena in 1997, that was the

13 question that was asked, correct?

14 A Yes, sir.

15 Q In 1997 Mike Williams was still alive, was he not?

16 A He was.

17 Q In 2000, three years after 1997, when he was

18 missing, at that point he was a missing person, was he not?

19 A Correct.

20 Q And it wasn't until many, many years later when

21 Florida Department of Law Enforcement and the State Attorney's

22 Office reviewed it in 2007, 2008, 2009,'10, that they became

23 suspicious circumstances that would have necessitated those

24 records, correct?

25 A Correct. 194 1 Q Prior to those dates there is a -- those records

2 aren't maintained by the bank groups, visa, MasterCard,

3 American Express indefinitely, are they not?

4 A That's correct.

5 Q In fact, there were efforts made by law enforcement

6 to go back and get those records, but they had been purged?

7 A That's what I understand, yes, sir.

8 Q Even further along, back in 1997, 2000, what we're

9 talking about, it's a different time period with credit cards

10 and everything like that? People still wrote checks, did they

11 not?

12 A Correct.

13 Q Okay. Banking records are obtainable, but, again,

14 you have to know to obtain them, correct?

15 A Correct.

16 Q Cash can never be tracked?

17 A True.

18 Q The last question about no tangible evidence, no

19 overt act was done by Ms. Williams -- Ms. winchester. Fair to

20 say if there had been an overt act or tangible evidence, she

21 probably would have been arrested prior to the time she was,

22 correct?

23 A Correct.

24 Q The nature of a conspiracy is to keep those secrets,

25 is it not? 195 1 A Correct.

2 Q And, in fact,because they remained a secret for as

3 long as itdid, until2016 when Brian winchester confessed,

4 they werepretty goodat keeping that secret, were they not?

5 A very good.

6 MR. FUCHS: No further questions.

7 THE COURT: All right. Any juror have a question of

8 thiswitness?

9 (No audibleresponse.)

10 THE COURT: All right. You can step down.

11 we need tokeep him further?

12 MR. FUCHS: He'll be retained, Your Honor. But

13 certainlyhe canbe about his business.

14 THE COURT: All right. Remain on call.

15 THE WITNESS: Yes, sir.

16 THE COURT: Call your next witness.

17 MR. FUCHS: Your Honor, at this time we need to take

18 a --conduct mattersoutside the --

19 THE COURT: All right. Please let the jury step

20 out.

21 (Jury exits.)

22 THE COURT: we need to have Mr. Winchester brought

23 in.

24 IsMr. Jansenhere, Mr.Fuchs?

25 MR.FUCHS: I'mgoing toget him, Your Honor. 196 1 THE COURT: If you could face the clerk and be

2 sworn, please. Raise your right hand, please, sir.

3 Whereupon,

4 BRIAN WINCHESTER,

5 was called as a witness, having been first duly sworn, was

6 examined and testified as follows:

7 THE COURT: Have a seat please, sir.

8 Mr. Jansen, do you wish to be heard?

9 MR. JANSEN: Yes, Your Honor. My client is going to

10 invoke his Fifth Amendment right to self-incrimination at

11 this point.

12 THE COURT: All right. Is the State asking that I

13 compel his testimony?

14 MR. FUCHS: The State is so requesting, Your Honor.

15 He's here under the subpoena for the State of Florida.

16 THE COURT: All right. Mr. winchester, the State of

17 Florida has asked that I compel your testimony. I do

18 direct that you answer any questions. Any testimony that

19 you give cannot be used against you, or the fruits of

20 what you say cannot be used against you. It is immunized

21 by the State's request. Therefore, I would direct that

22 you answer the questions.

23 Anything else, Mr. Jansen?

24 MR. JANSEN: Yes, Your Honor. we would request that

25 all questioning by the defense lawyers and questions by 197 1 the potential jurors and the Court would also be under

2 that umbrella of immunity.

3 THE COURT: All right. Is the State requesting

4 that?

5 MR. FUCHS: Yes, Your Honor.

6 THE COURT: All right. So that will be so ordered.

7 MR. JANSEN: And you've already done this, Judge.

8 think it's an order dated on the 20th of September. But

9 we wanted to preserve it on the record today.

10 THE COURT: My ruling is consistent with the order I

11 previously entered.

12 MR. JANSEN: Thank you, Your Honor.

13 THE COURT: Okay.

14 This may take a while. So why don't we go ahead and

15 take a quick five-minute break. we probably won't get

16 the jury back in here that quick.

17 (A recess was had.)

18 THE COURT: Let's get the jury, please.

19 MR. FUCHS: Your Honor, just so that you know, we're

20 having a little technical difficulties with the

21 microphone on the witness stand. we're trying to get it

22 fixed, I think. But it's not picking anything up. I

23 don't know what to do.

24 THE COURT: well, I'm not very adept in this

25 courtroom, so.. . But the court reporter is right there, 1 that shouldn't be a big problem.

2 MR. FUCHS: well, she's the one that brought the

3 issue up, so.

4 THE COURT: well, she's going to have to deal with

5 it. Let's have the jury.

6 (Jury enters.)

7 THE COURT: Everybody be seated, please.

8 Call your next witness.

9 MR. FUCHS: Your Honor, at this time the State would

10 call Brian Winchester.

11 THE COURT: And Mr. Winchester's been sworn outside

12 your presence.

13 You may proceed.

14 MR. FUCHS: Thank you, Your Honor.

15 DIRECT EXAMINATION

16 BY MR. FUCHS:

17 Q Good afternoon.

18 A Good afternoon.

19 Q I need you to speak up a little bit.

20 A Good afternoon.

21 THE COURT: That microphone is not doing much, so

22 we'll just need to speak up a little louder for us,

23 please.

24 All right.

25 BY MR. FUCHS: 199 1 Q Can you please introduce yourself to the jurors.

2 A Brianwinchester.

3 Q And,Mr. winchester, how old are you?

4 A Forty-eight.

5 Q okay. Mr. winchester, do you know or did you know

6 Mike Williams?

7 A Yes,sir.

8 Q Priorto 2000, how did you know Mike Williams?

9 A Mikeand i went to high school together and got to

10 know eachothervery well. We were very good friends. We

11 continuedto befriends all through college and all through

12 our marrying --getting married. And we were very good

13 friends. He wasa very good friend.

14 Q Priorto 2000, were you married?

15 A Yes,sir.

16 Q And whowere you married to?

17 A Kathy.

18 Q okay. And how long had you known Kathy prior to

19 2000?

20 A From high school.

21 Q Would you, Mike and her all go to high school and

22 college together?

23 A The four of us all went to high school together,

24 yes, sir.

25 Q who is the fourth? 200 1 A Denise.

2 Q Okay. And what was Denise's relationship to Mike?

3 A Denise and Mike were high school sweethearts. My

4 wife, Kathy, and I were high school sweethearts. we all dated

5 in high school and off and on through college. And then ended

6 up all getting married.

7 Q okay. And itTs my understanding both -- that you

8 and Kathy had a child.

9 A Yes, sir.

10 Q Little boy?

11 A Yes, sir.

12 Q And that Mike and Denise had a little girl.

13 A Yes, sir.

14 Q were they roughly the same age?

15 A Yes, sir.

16 Q At some point did you and Denise become an item, I

17 guess, if you will, prior to 2000?

18 A Yes, sir.

19 Q when was that?

20 A when did it start?

21 Q Yes, sir.

22 A It -- I mean, the date that we used was October 13,

23 1997. But there was a lot that led up to that point. A lot

24 of background.

25 Q Let's talk about what led up to that point. 201 1 A As I said, she married her high school sweetheart.

2 I married my high school sweetheart. And, at fist, things

3 were really good,I think, with all of us. But I was not a

4 great husband and spent a lot of time away doing hobbies and

5 just stupid stuff.

6 And at one point I found a note in my first wife,

7 Kathy's purse. And, basically, I came to realize that she had

8 been cheating on me or was cheating on me with another friend

9 from high school named Gavin. And it crushed me.

10 And after that happened,I began to look outside of

11 my marriage. You know,I guess I had a lot of motivations,

12 but it led me to eventually end up with Denise.

13 we all started going out a lot.

14 Q Let me stop you right there. we all being who?

15 A My wife and I, Kathy, and Denise and Mike. we

16 started going out to bars and concerts and drinking. And

17 doing a lot of things that we didn't really do while we were

18 all in college, when, probably, it's more appropriate to do

19 those sorts of things. But we started going out. A lot of

20 drinking.

21 And I remember one night in particular -- there were

22 several nights that we did this. But one night in particular

23 we started talking about sex a lot.

24 Q who is we?

25 A The four of us. And I -- you know, I was friends 202

1 with Denise in middle school and high school , but I was never

2 attracted to her until that point.

3 And so after we started talking about sexual things

4 and things that married couples shouldn't be talking about

5 with each other,I think that's when the spark kind of started

6 between the two of us.

7 Q So let's go to October 13, 1997. You said that's

8 the date that you used as an anniversary or something?

9 A Yes, sir. we were going out -- like I said, going

10 out a lot. And one night in particular we were going to

11 Floyd's. And so Denise and I -- we pulled up on Tennessee

12 Street and Denise and I jumped out of the car and left Mike

13 and Kathy to go park the car. And went down to the entrance

14 of Floyd's. And that was the first place that we, like,

15 kissed each other and made out.

16 And we had our night out. And then after we all

17 went home, to our separate houses --

18 Q well, let me stop you right there. You and Denise

19 made out that night, but Mike and Kathy were present?

20 A They were in the car. They were parking the car.

21 It was while they were gone parking the car. And so --

22 Q who else was there that night?

23 A Just the four of us.

24 Q Was Lindsay Lockhart there?

25 A Not that night. 203 1 Q okay. what about Angela Stafford?

2 A Not that night. That night it was just the four of

3 us.

4 Q Okay.

5 A And so later that night, after Kathy and I went home

6 and Mike and Denise went home, she and I got on the phone

7 together. And we basically spent the whole night talking to

8 each other on the phone. And it was just like -- I don't

9 know. we just -- we connected like nobody else. I mean, we

10 just really connected. And we had a lot of sexual talk and

11 had phone sex and that sort of thing.

12 And we agreed and then met up the next day. I think

13 we just met during her lunch break at work. And that's kind

14 of what just started the whole ball rolling with her and I.

15 Q Okay. was this a one-time occurrence or was it

16 ongoi ng?

17 A was what -- what a one time?

18 Q You and her having sexual relations?

19 A oh. No. That's just what started it. I mean, then

20 it -- you know, it snowballed really fast. we started meeting

21 in hotels. we started meeting during the workday. we started

22 meeting whenever we had the opportunity. If Mike was at work.

23 Mike worked a lot. He really was a workaholic, quite frankly.

24 She was not happy with that. And so we started meeting very

25 regularly and having sex very regularly. 204 1 Eventually we started going on trips together.

2 There was times when she and Mike would go on trips and I

3 would go and meet with her. Like if he had a conference in

4 Panama City, i went over and while he was in the conference

5 Denise and I went to Destin together. And we took trips to

6 New York, South Beach. we spent a lot of time together.

7 Q How about Orlando, was that one of the places you

8 went as well?

9 A Orlando -- i remember going to Orlando with Kathy.

10 I don't remember if Denise and I went to Orlando just the two

11 of us or not. Probably. we went lots of places. Panama

12 City.

13 Q Okay. During that time period you mentioned you'd

14 go to hotels?

15 A Yes, sir.

16 Q You'd meet up during the day?

17 A Yes, sir.

18 Q were you ever at your house?

19 A Yes, sir.

20 Q what about her house?

21 A we would primarily go to her house. And it was

22 primarily during the workday. we would meet at Home Depot

23 parking lot or meet behind Keiser College, leave a vehicle and

24 go to her house or go to my house. Sometimes not go to either

25 one of our houses. It depended on how long she could be away 205 1 from work. But --

2 Q where was her house located at?

3 A Her house was off Meridian on Starmount. 256

4 Starmount, I believe.

5 Q Did you ever park at a Grace Lutheran Church as one

6 of the locations to drop your car off?

7 A There was a church in the woods off of Meridian.

8 And I would park at that church. And there was a drainage

9 ditch that ran from the church through the woods into her

10 neighborhood and I would walk down the drainage ditch. And

11 then there was only a short distance that I would have to walk

12 from the drainage ditch down Starmount to get to her house to

13 kind of be undercover, I guess.

14 But there was a church on Meridian -- I'm sorry --

15 on Miccosukee. I don't know why we parked at churches a lot.

16 But,I guess, empty parking lots. But there was a church off

17 of Miccosukee Road that I would leave my car at occasionally,

18 after they moved to Miccosukee Road, to meet up as well.

19 Q And when was that?

20 A well, i mean, it wasn't --

21 Q when did they move to the Miccosukee Road area?

22 A when did they move there? I don't remember exactly.

23 I would say about a year and a half prior to Mike's death, if

24 I had to guess.

25 Q Okay. And we asked questions earlier about Lindsey 206 1 Lockhart. who is that?

2 A Lindsey Ketchum?

3 Q Yes.

4 A Yes, sir.

5 Q Formerly Ms. Ketchum.

6 A Right. She was primarily a friend of Mike's that --

7 Mike worked for the Ketchums and Lindsey is the Ketchums'

8 daughter.

9 Q what about Angela Stafford?

10 A Angela worked with the Ketchums as well, and was

11 good friends with Mike and us. But primarily with Mike

12 because she worked with Mike.

13 Q At some point did you and Ms. Stafford also have

14 some sort of relations?

15 A we -- when you say relationship --

16 Q Did y'all hook up?

17 A Yes, sir. I believe it was my birthday -- it was

18 either my birthday day or Angela's birthday on one occasion.

19 And we wanted to go out -- the three of us, Denise and I and

20 Angela wanted to go out. And for some reason Denise couldn't

21 go out. I don't know if she couldn't get a babysitter or what

22 happened. But she said, no, no, you go on. And I was like,

23 no, you don't want me to go out with her without you. And she

24 was like, no, it'll be fine. And so Angela and I went out and

25 had a lot to drink and ended up back at my house in Killearn 207 1 Lakes. And ended up in bed together.

2 And it was dark and all of a sudden the light came

3 on in my bedroom. And I looked up and Denise was standing

4 there. And she said something like -- she said something

5 sarcastic and said, I'm sorry, or something and ran out. And

6 I didn't want Angela to know it was Denise. I think she did

7 know, but i didn't want her to know. And so I lied to Angela

8 and told her that I thought it was my wife -- my ex-wife at

9 that point, Kathy. But --

10 Q So this is after Mike's death?

11 A Yes, sir.

12 Q But is it before you and Denise had announced that

13 y'all were dating each other?

14 A Correct. we were hiding it at that point.

15 Q Let's talk about life insurance policies. what is

16 it that you did back -- for a living back in 2000?

17 A Part of my job was to sell life insurance.

18 Q okay. Did you sell a life insurance policy to Mike

19 williams?

20 A Yes, sir. I sold him two different policies. I

21 sold him one policy early on.

22 Q when you say early on, when are we talking?

23 A He may have even -- well, no, we wouldn't have been

24 in college. It would have been right after we graduated from

25 college, so -- 1 Q which is when?

2 A '93,'94, somewhere in there. Pretty early on.

3 Because I think at first he had his mother as a beneficiary.

4 And that was a $250,000 policy. And that was before he was

5 married to Denise.

6 Eventually, after they got married, he changed the

7 beneficiary on that policy to Denise. And then -- you want me

8 to talk about all that I know about his policies, whether I

9 sold them or not?

10 Q Let's talk about the million dollar policy.

11 A okay. So that was the first policy that I sold him.

12 And then after -- was it after Anslee was born? I believe it

13 was after Anslee was born. Yeah, it was after Anslee was

14 born. He and I talked about increasing his coverage.

15 Q Now, whose idea was that?

16 A To increase it?

17 Q Uh-huh. Or was it a mutual idea?

18 A I mean, it was a combination of Denise and I talking

19 about him having more coverage. And he and I talking about

20 him having more coverage. I mean, there was a lot of

21 conversations behind the scenes as to getting that new policy.

22 Q In all honesty, having a larger policy of a million

23 dollars on a man who's married and kids and making the income

24 he is, isn't necessarily abnormal?

25 A It wasn't extravagant based on the income that he 209 1 was making.

2 Q Okay. But nonetheless there was conversations and

3 he elected to have a million dollar policy, correct?

4 A Right. He wasn't real -- I think to him it was a

5 lot of money. I think he even had conversations with

6 Mr. Ketchum about it. But he -- you know, he eventually

7 decided, and I think with Denise's encouragement, decided to

8 go ahead and get that extra million dollar policy.

9 Q And when was that?

10 A when did he get the policy?

11 Q Yes, sir.

12 A I get a little confused because he had one policy

13 that was issued that actually -- we didn't get the premium

14 paid or something, and so he actually had a second policy,

15 same thing, same company, same everything. I think there was

16 only like a three-month gap in between that. But it was

17 within -- it was within, I think, six months to a year before

18 his death occurred.

19 Q And you mentioned another policy --

20 THE COURT: Let's go sidebar for just a second. we

21 don't need the court reporter.

22 (Sidebar conference had off the record.)

23 THE COURT: we're dealing with a technical problem,

24 folks. And I would just -- I don't know why I didn't

25 think of this earlier, but this microphone doesn't appear 210 1 to be working. But I think my microphone is working. I

2 rarely need a microphone anyway.

3 So we'll see if that -- let's see if that is

4 working, Mr. winchester.

5 THE WITNESS: Hello. Hello. Is this working

6 better?

7 THE COURT: Is that not doing it?

8 MR. FUCHS: I don't hear any difference.

9 (Pause in proceedings.)

10 THE COURT: I'm sorry to interrupt. I don't know

11 that I helped any. But I thought maybe that would help

12 solve the issue.

13 Go ahead, Mr. Fuchs.

14 MR. FUCHS: Thank you, Your Honor.

15 BY MR. FUCHS:

16 Q At some point were you aware of him having another

17 policy in the neighborhood of half a million dollars?

18 A Yes, sir. He had another policy with a different

19 company that he bought from a different person. I don't

20 remember when I first became aware of it. But I know I became

21 aware of it when I would have been talking with him about the

22 million -dollar policy. And his thoughts or intentions were

23 that he was going to drop that $500,000 policy and replace it

24 with the million -dollar policy.

25 Q well, let's fast forward to the year 2000. At some 211 1 point were there thoughts of how you and Denise could be

2 together?

3 A Yes, sir.

4 Q How did that get initiated?

5 A I think it even started prior to that, as I've

6 thought about this. And had plenty of time alone to think

7 about it. One thing that I have remembered is the prior year

8 Mike and I were on a hunting trip together. And it was at a

9 lake that was dry and we had to walk across the mud. And

10 there were places in the mud where -- I don't know how to

11 describe it. But, basically, you could fall through the mud

12 and there was nothing underneath. It was like -- it was

13 basically, I guess, people would call it, like, quicksand.

14 And Mike fell into one of those mud holes at one

15 time. And it was just he and I out there. And I helped him

16 out of it. And he had dropped his gun in there as well and he

17 ended up going back in it after his gun.

18 But, anyways. I remember telling Denise about that

19 and how if I hadn't of been there or if I hadn't of helped him

20 out that, you know, it's very likely he would have disappeared

21 and nobody would have known what happened to him. But that's

22 just something that I had remembered in the past few months

23 and thinking about this.

24 But I think it was gradual that we -- you know, the

25 more we were together, the more we wanted to be together. And 212 1 the more we griped about Kathy and Mike, the more we wanted to

2 be together. It just kind of -- it just got worse and worse.

3 i mean, it just snowballed. we just -- I don't even know how

4 to describe it. But -- so, yes, we eventually started talking

5 about options and ways that we could be together.

6 And Denise, because of the way she was raised,

7 because of her pride, I guess I can't say all the reasons, but

8 she did not want to get divorced. And stated that she would

9 not get divorced. But she still had a desire for us to be

10 together, which narrowed the options even further, I guess.

11 Q who narrowed those options?

12 A I'm sorry?

13 Q who narrowed those options?

14 A It was -- all of our conversations and planning and

15 everything, I would say is very mutual. You know, I'm not

16 going to sit here and say that Denise planned everything and,

17 you know, I was just a dumb guy who went along with what she

18 wanted to do. i mean, I -- I instigated a lot of it. I

19 helped come up with ideas. I planned a lot of things. But

20 overall it was very mutual. I mean, we wanted to be together.

21 And we weren't going to let anything stop that.

22 So over the year and a half, year prior to Mike's

23 death we discussed several options and alternatives of ways

24 that we could be together.

25 Q what was one option? 213 1 A One of the options, Mike -- Mike worked a lot at

2 night up at his office. And one of the options was that we

3 could make it look as if there was a burglary of some sort up

4 at his office. And that he got shot in some type of robbery

5 or something up at his office.

6 Denise didn't like that idea. I didn't like that

7 idea and Denise didn't like that idea. But primarily because

8 there would be an investigation if something like that

9 occurred.

10 So another idea, we all used to go out on boats a

11 lot and Mike had a boat. And another option was that the four

12 of us would go out on a boat out into the Gulf.

13 Q The four of you being who?

14 A Me and Kathy and Denise and Mike. And we'd go out

15 in a boat on the Gulf. And, basically, that Kathy and Mike

16 would be pushed overboard. And that Denise and I would find a

17 buoy way offshore that we could hold on to. And either let

18 the boat sink or let the boat take off on its own or whatever,

19 and make it look like we had an accident on the water and that

20 Denise and I had survived the accident.

21 Q Obviously, that's not -- didn't happen?

22 A Correct.

23 Q At some point did the discussion turn to strictly

24 Mike being the one that dies?

25 A I had no desire whatsoever for anything to happen to 214 1 Kathy. I didn't really emphasize that with Denise because it

2 was not good for me to express affection or, you know, care

3 about what happened to Kathy with Denise. But silently, to

4 myself, I was never going to allow anything to happen to my

5 son's mom.

6 So another scenario that we came up with was Mike

7 and I going on a hunting trip together. And there being an

8 accident where both he and I ended up in the water and he

9 drowned and I did not.

10 Denise liked this idea because it -- I don't know

11 how to word it exactly. But she felt better, I guess, about

12 herself. Or we could feel better about ourselves if there was

13 a chance that he could make it out of it. You know, I mean --

14 I think there was even talk about, you know, well, it will be

15 up to God what happens and not us. It won't be a murder. It

16 will be, you know, an accident. It's kind of screwed up

17 thinking. But that was a scenario that she could live with, I

18 guess.

19 Q would it be fair to say that having the attention of

20 being a widow was far better in her mind than being a

21 divorcee?

22 A Yes, sir. Better to be a rich widow than a poor

23 divorcee. And her biggest concern with the divorce was she

24 didn't want to share custody of Anslee with Mike. She was not

25 going to have Anslee going back and forth to two different 215 1 houses. She wasn't going to give that up.

2 Q The drowning scenario, did you take any further

3 steps to make that happen?

4 A Like, what do you mean take any steps to make that

5 happen? Like what happened?

6 Q Did you try and do that?

7 A Yes, sir. So, there was a limited time that we

8 could make that scenario occur because it had to be during the

9 duck season. There's only certain days that you can actually

10 go hunting in duck season.

11 And it had to be at a place where, in my opinion, it

12 would have been successful. which kind of ruled out all of

13 the local lakes around Tallahassee, because the lakes around

14 Tallahassee are mostly shallow. Lake Seminole is a lot

15 deeper.

16 Q Let me ask you another question. You talked about

17 the life insurance policies and the $500 lapsing. Did that

18 also factor into the equation?

19 A Yes, sir. There were a lot of things that were kind

20 of pressuring us for this to happen when it did. One was,

21 Mike had intended for that policy, the $500,000 policy to

22 lapse. He was not intending to continue it. And, so, behind

23 his back, Denise paid one more -- I can't remember if it was

24 quarterly or semiannual premium. But we kept it going one

25 more premium period. And we knew we weren't going to be able 216 1 to keep it going perpetually. That he would eventually see,

2 hey, this money is going out of the checking account for that

3 policy that I didn't want anymore. So there was that.

4 He was becoming a couple of things. He was getting

5 angrier and angrier about the fact that she wasn't having sex

6 with him. He and I took a trip in November out to Arkansas

7 together, so we spent 20 hours in the car together. And I

8 heard a lot about how unhappy he was, you know, with Denise.

9 And he was not happy with not having -- not having sex. of

10 course, I was -- I didn't want him having sex with her. She

11 didn't want to have sex with him.

12 But -- so he even talked about moving away. He

13 talked about moving out west. He talked about all kind of,

14 you know, things. But he was becoming very unhappy. And he

15 was also becoming suspicious. He raised his suspicions with

16 me -- not about me but about Denise, on that trip to Arkansas.

17 That he thought something was going on with her.

18 He thought she was using drugs. He thought -- he

19 had seen money disappearing. She had been taking cash

20 withdrawls out of the ATM, which I knew was for travel for us

21 when we would go out of town. But he kind of thought it might

22 be for drugs or something. I think he even approached

23 Denise's mom about it at some point, asking her about it.

24 But, so -- also, their anniversary was coming up in December

25 and -- 217 1 Q what was their anniversary date?

2 A The 16th or the 17th,I believe. The 16th, I

3 believe it was. And he planned for them to go to Apalachicola

4 and stay at the Gibson Inn over there. And I think made it

5 pretty clear that he was ready, you know -- Denise didn't have

6 sex with him while she was pregnant. And after Anslee was

7 born, you know, to my knowledge, at all. unless she lied to

8 me about it, which she could have. But, you know, based on

9 what Mi ke said he kind of confi rmed that.

10 And we checked up on each other a lot. Denise would

11 check up to see if I was having sex with Kathy. And I would

12 check up on her to see if she was having sex with Mike because

13 we -- you know, we considered ourselves a couple together.

14 And, anyway, so i think Mike made it pretty clear

15 that this anniversary trip it was going to be expected that

16 this was, you know, going to be their starting over date.

17 That it had been long enough since Anslee had been born. That

18 it was time for them to start having sex again. I think he

19 was kind of putting some pressure on Denise about that. And

20 she did not want to go on that trip. Did not want that trip

21 to happen.

22 Q okay. So was a plan made, did y'all take steps to

23 kill Mike?

24 A Yes, sir. So, you know, we decided that that was

25 the plan that we were going to go with. 218 1 Q well, let me ask you a question. You earlier talked

2 about time of the essences because of duck season. why is it

3 important for the duck season aspect of this?

4 A well, because that was the plan, was he and I to be

5 on a duck hunting trip together and to go to Lake Seminole.

6 So duck season only lasted from Thanksgiving until the end of

7 January. It may have even been shorter back in those days.

8 But it was a short time frame that the season was in.

9 And then within that season, you know, we couldn't

10 necessarily go every single day. You had to -- in some places

11 you can only hunt on wednesdays and on the weekend, Saturday,

12 Sunday. But -- so we knew our window of opportunity was

13 closing, basically. So it was decided that that was the plan

14 we were going to go with.

15 And we -- there were several things involved.

16 Denise really didn't have to do a whole lot, other than come

17 up with an alibi for herself and make sure that Mike went. I

18 had to do, you know, more, obviously. But t was decided that

19 Mike and i would go on this trip. I had to -- you know, I

20 wanted to make sure he was going to show up.

21 So -- you know, there was a week prior that this was

22 planned and that it didn't occur, before the actual time that

23 it did occur.

24 Q Let's talk about that. A week prior it was supposed

25 to occur? 219 1 A Yes, sir.

2 Q what happened?

3 A So a week prior we had it set up that this was going

4 to be the date that the trip was going to occur. So Mike and

5 I planned to go, you know, on the trip. And then late the

6 night before -- I believe it was before midnight. And I

7 believe Mike was at his office. And he called me and he said,

8 I can't go. Denise is calling me. She doesn't want me to go

9 on the trip. And I was very surprised. Shocked, kind of.

10 And I was like, okay.

11 And -- because we had, you know, made all this --

12 planned for this to happen. And so -- I can't remember when I

13 called Denise. I think I called her immediately after I hung

14 up with Mike just to see, you know, what -- what is going on.

15 i mean, because this isn't something you need to be

16 wishy-washy about.

17 And I can't remember if I talked to her that night

18 or if it was the next day. But we talked very shortly

19 afterward. And, basically, it was just a cold feet kind of

20 thing. And she, you know, got cold feet at the last minute.

21 Q So at that point were the plans off? was it going

22 to happen?

23 A It wasn't that the plan was off, but we talked about

24 it and we had several, you know, more conversations that, you

25 know, look, this is -- either we're going to go forward with 220 1 this or we're not. I mean, we're either going to be together

2 or we're not.

3 You know, like I said, the policy is ending. You've

4 got that anniversary trip coming up next weekend. You know,

5 duck season is going to be ending soon. Do you want this to

6 happen or not? You know, I don't want to set these plans up

7 if this isn't something, you know -- this isn't something you

8 need to be wishy-washy about, I guess, basically.

9 So at some point during the next week it was decided

10 again that, yes, this is what we were gonna do.

11 Q Now, let me stop you right there. You're talking

12 about telling her, you can't be wishy-washy, times are ending,

13 we have a certain time frame we have to do this. And then it

14 almost sounds like you were pressuring her into that, would

15 that --

16 A Pressuring her. I don't think it was pressuring her

17 as much as stating the facts of, this is the reality of the

18 situation. If you want this to happen, this is the best time

19 for it to happen.

20 Q were all of those issues things that you --

21 A I was not happy. I'm sorry to interrupt. But I was

22 not happy about the fact that we had made these plans and I

23 had committed that this was what was going to happen, and then

24 at the last second she backed out. i didn't understand that

25 and wasn't real happy about that, but. . 221 1 Q were all those issues that youjust talked about

2 things thatyou previously discussed withher?

3 A Yes.

4 Q The time frames and everythinglike that?

5 A Right.

6 Q So you call her up and you tellher all these

7 things,not be wishy-washy?

8 A (Nods.)

9 Q were there other communicationswhere she was

10 talkingto you about putting the plans backin place?

11 A Right. Yeah. well, we met upeventually. And

12 probablymet up several times that week. At that point we

13 were meeting,you know, a lot. And so wemet --

14 Q when you say met up --

15 A I'm sorry?

16 Q when you're talking about met up,you know, like

17 going outto eat or what are you talkingabout?

18 A No. The same as we always did. Meeting during the

19 workday. Primarily during lunches. Thatsort of thing.

20 Q So you're talking about sexualrelations?

21 A well, we didn't always have sexevery time.

22 Q okay.

23 A But during that week, a primaryreason we were

24 meetingwas to discuss what are we goingto do here.

25 Q Okay. 222 1 A You know, what's going to happen here. So we met up

2 during that week and talked about it and came to the

3 conclusion again -- and I remember where it was. It was at

4 Rhoden Cove. At the boat ramp at Rhoden Cove.

5 Q where is that?

6 A On Lake Jackson off of Meridian Road at the end of

7 Rhoden Cove Road. But we decided that -- that this is what we

8 were going to do. we're not going to back out at the last

9 minute. And in a sick sort of way, you know, it was kind of

10 like, you know, well, if God wants this to happen, this is

11 what's going to happen. Because the plan, again, was that it

12 was going to be an accident. And, you know, there would be a

13 chance that he could get out of it.

14 Q You say you met up. why meet up rather than phone

15 calls or something like that?Any particular reason?

16 A well, it's not necessarily something you really want

17 to talk about on the phone. we weren't really that concerned

18 or paranoid about that sort of thing at that point. But we

19 just met up routinely because we wanted to meet each other,

20 because we wanted to see each other and be together.

21 Q okay. So then that time you meet up at the cove and

22 make your decision?

23 A Yes, sir.

24 Q So what's supposed to happen?

25 A So it's the same plan. It's the same night, just a 223 1 week later.

2 And from what I remember about that night before,

3 Mike -- Mike had volunteered to ring the bell for the

4 Salvation Army at like a wal-Mart. And Kathy and I had

5 planned on going out to a concert at Floyd's. And I wanted us

6 all to go out, as I remember it. But that didn't end up

7 happening for whatever reason. I don't know if they couldn't

8 get a babysitter or why they didn't end up going out with us.

9 But Kathy and I did end up going out to that

10 concert. Part of the plan was that I wanted Kathy to

11 basically be as drunk as possible the night before because I

12 wanted her to sleep late -- in late the next morning. My

13 alibi -- the plan was that all of this would occur very early

14 in the morning and I would have time enough to get back and

15 meet my father-in-law up near 1-10 and Thomasville Road to

16 actually go on a hunting trip with him. So that was going to

17 be my cover, gonna be my alibi. Her alibi was gonna be that

18 she was at home with Anslee.

19 And the plan was when Mike didn't come back home,

20 that eventually she was going to start calling her sisters and

21 her dad from her house phone so that she could establish that

22 she was at the house, prove that she was at the house with

23 Ansl ee.

24 Q okay. So what was the plan to make this happen?

25 what happened? 224 1 A So, Kathy and I went out and went to the concert.

2 Got home late. She did have a lot to drink. There was

3 discussion between me and Denise -- and I can't remember if I

4 actually did this or not, or if I did it the week prior or --

5 I just really can't remember.

6 But I remember Denise and I talking about there was

7 some medication -- there was medication that Kathy had. And

8 we talked about giving her a little bit of that medication

9 that would cause her to sleep really heavy. And make sure

10 that she slept really good through all of it. Because I

11 didn't want her to wake up and realize how early -- I didn't

12 want her to know how early I was leaving the next morning.

13 So the plan with Mike was that I would meet him at a

14 gas station on Thomasville Road up near the overpass -- well,

15 the overpass I don't think was there at that point. But meet

16 him up at a gas station up near the McDonald's up there. And

17 I met him there.

18 I had told him that we were going to go to a secret

19 special spot to go hunting. And -- and that he needed to

20 bring his waders. I had to make sure that he brought his

21 waders. Because the belief was -- there was kind of like a --

22 there still is, probably. Like, a duck -hunter's myth that if

23 you fall overboard with your waders you're going to sink

24 really quick and drown. So I had to make sure that he brought

25 his waders. And so I told him about this, you know, great 225 1 spot that we were going to go and he needed to bring his

2 waders.

3 So i met him at the gas station and I told him --

4 when he drove up I was real paranoid about phones and him

5 calling me and there being a record of him calling me. So I

6 told him that my battery was dead on my phone, that there was

7 no reason for him to call me as we were driving over to the

8 lake. Because normally we would have called and talked to

9 each other on the phone or even ridden together.

10 I don't even remember how or why I told him that I

11 needed to use my vehicle instead of just going in his. But

12 somehow I came up with some reason to do that.

13 Q Let me stop you right there real quick. You said

14 that you called him and tried to get him to -- to make sure he

15 was going to get the waders. when did you call him and talked

16 about that?

17 A I don't remember specifically. we talked several

18 times. You know, Mike and I talked every day ourselves. And

19 so, you know, we talked about hunting all the time and we

20 talked about this trip several times prior to it happening.

21 Q okay.

22 A So i followed him over to the lake. He had his boat

23 behind his Bronco and I followed him in my white Suburban.

24 Q what lake?

25 A Lake Seminole. which is about 50 minutes away. 226 1 And I had told him what landing we needed to go to.

2 And so we pulled into the landing and launched the boat. And

3 I said something -- I had to make sure that he had the waders

4 on. So I said something about, we're running low on time or,

5 you know, we're going to be really pushed and --

6 Q why was it so important for the waders to be on?

7 A Because I believed and we believed that if you fell

8 overboard with the waders on, that you would sink pretty

9 quickly. So I told him something like, we're -- you know,

10 we're running late. we need to go ahead and put our waders on

11 here and now before we get in and go. And so we both did

12 that.

13 And because I knew where we were going hunting, I

14 was in the back of the boat driving and he was in the front.

15 So --

16 Q we're talking about a boat. what kind of boat are

17 we talking about? Are we talking about like a large airboat

18 or what are talking about?

19 A It was a -- what's called a Gheenoe. It's basically

20 a canoe that has a flat back that you can put a motor -- a

21 small motor on the back of it.

22 Q I'm familiar with canoes. Canoes can be a little

23 tipsy.

24 A This boat --

25 Q Is this boat the same way? 227 1 A This boat -- this boat was -- yes, basically like a

2 canoe. So pretty tippy.

3 Q Okay. So you had -- you put the boat in the water

4 and you're heading out. You're driving?

5 A Yes, sir,I was driving. And I know I was very

6 concerned about the time. Everything had taken longer than

7 what i had anticipated. And I had to be back in town early

8 enough in time to meet my father-in-law for my alibi trip to

9 occur.

10 And so we headed out. And there was a deep area

11 maybe a couple hundred yards from the landing that we put in

12 at. And we got to that area that I knew was a deep area. And

13 I don't remember exactly how I got him to stand up, but -- I

14 don't know if I pretended something was wrong with the motor

15 or the weight in the boat was off or something. But I

16 basically stopped the boat and got him to stand up. And when

17 he did,I pushed him into the water.

18 Q what happened next?

19 A So he was in the water. And he was, like,

20 struggling. And the motor of the boat was still running. And

21 I pulled off just a little bit to get, kind of, away from him

22 so that he couldn't reach back into the boat.

23 And I didn't know it at the time -- I didn't know if

24 he was trying to swim or -- I didn't know what was going on.

25 But what i came to find out or eventually realized was, he was 228 1 taking the waders and the jacket off. And he got those off.

2 And I think I forgot to tell you about this part

3 before. But I remember now that that area of the lake had a

4 lot of snags a lot of dead trees that come up out of the

5 water. And there's a lot of stumps that come up out of the

6 water. And he swam over to one of those stumps and held on to

7 it.

8 And he was panicking and I was panicking. And none

9 of this was, like, going the way I thought it was going to go.

10 And I didn't know what to do. But he was -- he started to

11 yell. And I didn't know -- I didn't know -- I didn't know how

12 to get out of that situation.

13 And, so,I had my gun in the boat and so I loaded my

14 gun. And I just -- I made one or two circles around. And I

15 ended up circling closer towards him. And he was in the water

16 and as I passed by I shot him.

17 Q Where did you shoot him?

18 A In the head.

19 Q what happened next?

20 A So when I shot him it was dark. And there was a

21 bright flash when that happened. And I didn't want to see

22 what happened, so, like,I closed my eyes when the instant of

23 that flash happened.

24 And the boat was moving as this happened. And so I

25 turned back around and came back to where he was and got to 229 1 the stump. And I knew I couldn't -- I couldn't leave him

2 there being shot. So I was going to have to do something to

3 cover this up. And I reached down -- and he wasn't far under

4 the water, but, like, my whole arm got wet. And I remember

5 wondering, like, how am I going to explain that my arm is

6 soaking wet. And I was afraid I was going to have to jump

7 into the water. But I reached down and I grabbed a hold of

8 him.

9 And I was closer -- because of where I had driven

10 the boat I was closer to another landing, just a little dirt

11 landing that was further down the shoreline. And so I decided

12 to motor the boat and pull him over to that landing over

13 there. So I drug him in the water over to that dirt ramp.

14 And left the boat, left him, ran back down to where

15 our trucks were parked. Got my truck, came back to where he

16 was. Backed my truck to the edge of the water and let the

17 tailgate down. And ended up putting him in the back of my

18 suburban.

19 And I pushed the boat back out into the water to

20 make it look like, you know, his boat was out there and he had

21 drowned or disappeared. Or, you know, I didn't give a lot of

22 thought as to what was going to happen after that. I was just

23 panicked as to getting out of that area and covering this up.

24 So I realized it was probably getting too late at

25 that point to meet up with my father-in-law, but I was still 230 1 going to try. And I sped --

2 Q Mr. winchester, let me stop you for a moment. You

3 said you that you were able to load -- you loaded him into

4 your Suburban?

5 A Yes, sir.

6 Q How big was Mike?

7 A He was a little bit bigger than me. He was a little

8 heavier than me. we were pretty close in size but he was a

9 little bit bigger than me.

10 Q How much do you weigh?

11 A Back then, probably, 170, something like that.

12 Q How were you able to get a man that's 170 pounds

13 deadweight into the back of your Suburban by yourself?

14 A It was not easy and it was not pretty. But I had to

15 make it happen. I mean, I had no choice. And I can't even

16 explain, like, how your body feels in that kind of a

17 situation. I don't -- I don't -- unless somebody's been to

18 war or something -- I don't even know how to explain. But,

19 like, you have so such adrenaline pumping through your body

20 you're just -- it's just crazy. But, you know, it wasn't

21 pretty. And I never -- I made a purposeful decision to never

22 view him, to look at him.

23 But I backed the truck down. And there was an angle

24 to the ramp, so the back of my truck was angled down toward

25 the water. And I backed it all the way down to the edge of 231 1 the water, so it wasn't -- there was no distance involved.

2 But, yes, he was very heavy and it was not easy to

3 do that, but I had no choice.

4 Q You said you were concerned about meeting up with

5 your father-in-law at that point, what happened next?

6 A I sped back toward Tallahassee. And as I was

7 driving there I was realizing I'm not going to make it in

8 time. I didn't want to call him because I didn't want to turn

9 my phone on. I didn't want there to be any record of where my

10 phone was at. So I left my phone off.

11 And by the time I got back to Tallahassee, you know,

12 I looked through the parking lot -- we were going to meet at

13 Carriage Gate parking lot. I looked through the parking lot,

14 didn't see his vehicle there. And I decided the best thing

15 for me to do was to go back to my house and pretend that I had

16 overslept. And then I could also make a phone call from my

17 house to my father-in-law, which would kind of prove that I

18 overslept and I was at my house. And I wanted there to be a

19 record of that.

20 Q And all this is with Mike in the back of your

21 Subu rban?

22 A Yes, sir. I actually -- when I was driving down on

23 Thomasville Road I actually came up to a stoplight. And there

24 was a state trooper across from me. And I can remember just

25 being freaked out about it. But,I mean, I didn't have any 232 1 choice, so -- that's what I decided to do, so..

2 I drove home. Pulled up into my driveway and was

3 really, really hoping that Kathy was still asleep. I went

4 into the house as quietly as I could. She was still asleep.

5 I crawled back into the bed. And had a phone there on the

6 floor. I can remember dialing my father-in-law and telling

7 him -- apologizing, I'm so sorry, I overslept.

8 And I didn't want to wake Kathy up, obviously,

9 because I had what was in the driveway. But I wanted her to

10 know i was there. So I -- I -- I can't remember what I said

11 to her, but I think I halfway woke her up and said, I'm going

12 to go out with the dogs or train dogs. I trained dogs at the

13 time and was gone for hours at a time from the house doing

14 stuff like that. I don't remember exactly what I told her.

15 But I, basically -- I wanted her to -- I wanted her

16 to know that i was there to confirm that I was there. But not

17 wake up and start asking me any questions about what happened,

18 why did you oversleep, you know, anything like that.

19 So I did that and then I went back out to the

20 driveway to leave, when i went out to the driveway -- my

21 driveway was angled. And I was walking behind my truck and I

22 saw out of the back tailgate blood was coming out of the back

23 of my tailgate and dripping onto the driveway. And that

24 freaked me out. So I rinsed that off.

25 And was trying to figure out -- I had been thinking 233 1 on the way from Lake Seminole back to Tallahassee what was I

2 going to do with him. And I don't know when I decided, but,

3 you know, ultimately I decided it had to be close and it had

4 to be quick. And it had to be, obviously, a location that,

5 you know, he wouldn't be found.

6 And I decided on an isolated dirt -road boat ramp

7 down at Carr Lake. But I had no tools. And at that point

8 Carr Lake was very low. Parts of it were dry. And like the

9 other lakes, there were areas in the lake that had puddles of

10 water or mud. And my thinking was, if I got him there I could

11 take him out to one of those water holes or mud holes and put

12 him in one of those. And that would be a safe place that he

13 wouldn't be found. But I had no -- I had nothing to do this

14 with so I had to go to a store.

15 And I'm 90 percent sure the store that I ended up at

16 was wal-Mart. And I bought a shovel, I bought a tarp and I

17 bought weights. Like weights that you lift weights with.

18 Because I was thinking that I would use the weights to weigh

19 his body down in the water or mud hole or whatever.

20 while i was in that store I actually ran into a

21 friend of ours, Mike Phillips. And I actually totally forgot

22 about running into him or having any conversation with him

23 until I ran into him later during the search for Mike Williams

24 at the lake. And he said, yeah, I remember seeing you that

25 day. You were in a panic. You were in a hurry. And he was 234 1 thinking I was in a hurry to go search for Mike. But I was

2 actually in a hurry because I was trying to bury Mike.

3 But, anyways,I bought those things at the wal-Mart

4 and drove to Carr Lake, down to the end of the road, turned my

5 truck around backwards, backed down to the landing. And, you

6 know, my thinking was I was going to drag him way out into the

7 lake. And so i got the tarp and put it on the ground behind

8 my truck. Pulled Mike out, put him on that tarp, kind of

9 wrapped him up. And as I pulled him, instantly I knew there

10 was no way I was going to be able to move him any distance at

11 all. That he was just too heavy and that wasn't going to

12 happen.

13 So I had to find somewhere close and it was a really

14 grown up area. And, like I said, the lake was almost dry so

15 the water was down. And I decided to put him down in the lake

16 bed itself. Kind of on the edge of the lake. So that,

17 eventually, when the water came back up, that area would be

18 under water. And t was hidden from the road somewhat.

19 And so I pulled him down to that area and started

20 digging a hole. And it was hard. I was exhausted. I was

21 getting bitten by ants all over me. I remember being scared

22 that I was going to have to explain why I had ant bites all

23 over me because there was ants where I was digging.

24 But, actually, while I was doing this I heard a

25 vehicle coming down the road. And so I kind of -- I had -- 235 1 there were bushes there anyway, but I kind of made sure

2 everything was flat and you couldn't see it from the road.

3 And I ran back up to my truck. And a guy drove up. He was

4 coming down there to go hunting out on the lake itself. And

5 he and I made small talk, chitchat.

6 I was, obviously, very paranoid. And I got the

7 impression --i can't remember why now -- but at the time I

8 got the impression that he might have been like a

9 law -enforcement -type guy. Maybe like a game warden or

10 something like that. But he talked about he was going deer

11 hunting on out on the lake bed. And so I kind of hung out at

12 my truck and waited for him to get several hundred yards away

13 before I went back to digging.

14 So, eventually, I got a hole big enough and I put

15 him there and covered him up. And made sure it, you know,

16 didn't look suspicious, as well as I could. But now I still

17 had a problem because my truck had blood all in the back of

18 it. And t was getting later and later in the day.

19 And I knew at some point people were going to start

20 calling me. There was a family Christmas with my wife's

21 family up in Cairo that we were supposed to be going to that

22 afternoon or that night. You know,I was just running out of

23 time.

24 Andso iput thetruck --puttheshovelintheback

25 of the truck. AndI knewI had tocleanmytruckup. AndI 236 1 think at that point -- I can't remember the order. I can't

2 remember -- I went two different places -- I went two

3 different places to clean up my truck. One of them was, I

4 went to my parents' house and parked -- they have a big lot.

5 And I parked toward the back of it and tried to use a hose to

6 clean out the truck. And it -- it -- I think I went there

7 first because it was closer to where I was. But it wasn't

8 working very well.

9 And I realized I needed to have, like, a pressure

10 washer. And so I left there and drove around trying to find a

11 car wash that had a pressure washer. There were none on my

12 side of town, so I ended up at Tharpe Street and old

13 Bainbridge. There's a carwash there that had a pressure

14 washer. And I cleaned out the back as best as I could there.

15 And after that --

16 Q Let's stop for a second.

17 A Yes, sir.

18 Q You buried him up at Carr Lake. At some point do

19 you, for lack of a better term, go about your business? Go to

20 Cairo and meet Kathy and everybody and the family?

21 A Right. After I -- after I cleaned up -- I'm sorry.

22 Q Answer. Did you go up to Cairo and meet Kathy and

23 the family?

24 A Yes.

25 Q At some point were you contacted about Mike being 237 1 gone, missing?

2 A Right.

3 Q who contacted you?

4 A My recollection is that my dad called me and said,

5 Mike's missing.

6 Q Whenever that happened, what did you do? And --

7 wait -- let me back up. when was that?

8 A I remember it being on the drive home from being up

9 in Cairo for the Christmas party.

10 Q So is this the same Saturday?

11 A Yes, sir.

12 Q okay. In the evening hours?

13 A Yes, sir.

14 Q Okay. what did you do?

15 A You know, when my dad called I kind of said, well,

16 that's Mike, because Mike was known to be late and kind of

17 irresponsible at times going out on hunting or fishing trips

18 or whatever. But, you know,I said, I'll get back there and

19 we'll, you know, go look for him.

20 And, so, got back to town. Met up with my dad and

21 went with him over to Lake Seminole.

22 Q That night or next day?

23 A That -- immediately when I got back to town.

24 Q okay.

25 A There were a few people over there with boats. 238 1 Mainly friends and family. And those of us with boats started

2 going out where his truck was -- no, we didn't put in where

3 his truck was. we put it in -- there was a concrete landing

4 before that, which was a nicer landing that you weren't going

5 to get stuck at. And we, my dad and I, went out on the lake

6 and searched for Mike. He was searching and I was just lying.

7 Q My understanding, a weather front came through and

8 it rained during that evening?

9 A There was a storm that came through that night. I

10 think we got off the lake before that happened. But, you

11 know, my dad wanted to look -- I think we were the last ones

12 on the lake and my dad didn't want to give up. My dad loved

13 Mike.

14 THE COURT: Now would be a good time to take a

15 break. why don't we take ten minutes.

16 (A recess was had.)

17 THE COURT: Let's have the jury, please.

18 (Discussion off the record.)

19 (Jury enters.)

20 THE COURT: All right. Everybody be seated.

21 You may proceed, Mr. Fuchs.

22 MR. FUCHS: Thank you, Your Honor.

23 BY MR. FUCHS:

24 Q So, Mr. winchester, you were talking about how you

25 and your father had gone back to the lake. It was later that 239 1 evening when you were searching, before the weather came in.

2 Did you find anything that evening?

3 A Yes, sir. I didn't really -- I mean,I knew where

4 Mike's boat was, and I didn't really want to be the one that

5 found it. I would have rather that somebody else had found

6 it. But my dad was just really determined and, you know, he

7 took us to a spot --I knew it was going to be there. But he

8 took us to a spot and, sure enough, there was Mike's boat. So

9 we found his boat. And I think we just left it. we didn't

10 touch it. we left it where it was and went back in and told

11 whoever the law enforcement people were there at the time.

12 But shortly thereafter a pretty bad storm, rain

13 storm, and I think cold front came through that night.

14 Q And did you go back to the lake the next day?

15 A I'm sure. I'm sure I did. The next two months are

16 kind of a blur for me. But, yes,I spent lots of time at the

17 lake during the search because I kind of wanted to monitor

18 what was going on. I wanted to put up a good, you know, front

19 to look like I was out there looking like everybody else. But

20 I was out there a lot.

21 Q At some point a hat was found on the lake?

22 A Ahat?

23 Q Yeah.

24 A Yes, sir.

25 Q were you the one that found that hat? 240 1 A I was not the one that found it. I was the one that

2 put it in the water during one of my searches on the lake. I

3 was -- well, Denise and I were getting concerned that nothing

4 else was being found out there. And I was hoping that his

5 waders and jacket and all would be found to kind of confirm

6 that he had drowned there. And I wanted to keep the searchers

7 in that particular area.

8 So I took a hat that was similar to a hat that Mike

9 used, which was real distinctive. It had a weird looking bill

10 on it and stuff. And when I was out there with another friend

11 of mine I threw it in the water in that area, because I wanted

12 to keep the people in that area. Because I wanted the waders

13 and the jacket to be found to confirm that that's where Mike

14 was and where he went into the water.

15 Q was that hat eventually found?

16 A It was.

17 Q And you were asked to identify it?

18 A Yes, sir.

19 Q You told law enforcements it was Mike's?

20 A Yes, sir.

21 Q You brought up a point about you and Denise had

22 concerns or were talking at that point?

23 A uh-huh.

24 Q Following Mike's murder on the 16th, what

25 communication did you have with Denise? 241 1 A I can't remember the first time that we talked. we

2 had prearranged that, obviously, our communication needed to

3 be minimal , both by phone and in person. obviously, we

4 weren't going to be meeting up in parking lots and having sex

5 and doing all that was normal for us to be doing. So we had

6 decided that -- is this too close to me?

7 Q You can push it back a little bit. It's a little

8 louder now than it used to be.

9 A It feels like I'm at a concert.

10 So we had decided ahead of time that we really

11 needed to minimize our contact. I got a lot of information

12 about Denise and what was going on with Denise through Kathy,

13 who was going over to her house and seeing her and talking to

14 her.

15 Denise kind of sequestered herself up in her bedroom

16 and didn't want to be around a lot of people during that time,

17 which was smart of her to do. And so I got a lot of

18 information from Kathy.

19 But, eventually, you know, she and I talked. And

20 there never was a conversation that was like, well, did it all

21 go according to plan or, you know, we -- first of all, I

22 didn't want to talk about that because that was not the plan.

23 what happened with Mike was not the plan that Denise and I had

24 come up with. And I --

25 Q Let me stop you right there. I want to make clear, 242 1 the plan didn't play out the way you wanted it to, but it

2 certainly -- was it the plan that you and Denise had discussed

3 to actually have him killed?

4 A The plan was for his death to occur, but it was not

5 for it to occur in the way that it did. I mean, the plan was

6 for him to fall in the water and for him to have a chance to

7 survive it. But, obviously, that's not what happened. And I

8 didn't want to tell Denise that.

9 So we never had a conversation that was like, did it

10 all go according to plan? But it was quite obvious from the

11 circumstances that Mike was gone and, you know, she assumed

12 that what we talked about, the plan that we had made, she

13 assumed that that was what had happened. It wasn't until

14 years later that I tried to and somewhat told her that that's

15 not what ended up happening.

16 Q okay. So at some point you and her start talking

17 again, despite the distances. When was that?

18 A The first time, I'd be guessing. I mean, I would

19 say a few days before we talked -- I'm sure the first time we

20 talked was just on the phone. It was a little while before I

21 saw her in person. Because I remember being kind of nervous

22 and I just knew it would be weird to see her because of what

23 we had done. I just knew it would be weird to see her after

24 that. Kind of to face each other after that.

25 But, you know, as the search went on and, you know, 243 1 long term as things got back to normal, we just kind of

2 settled back into the same routines. But the next thing,

3 obviously, that we had to deal with was the fact that his body

4 wasn't being found. And so the concern between she and I then

5 became, well, if his body is not found what's going to happen

6 with the life insurance.

7 Q okay. This is a conversation you're having with

8 her?

9 A Yes.

10 Q okay. And what isshe saying? what is her concern?

11 A well,that if hisbody is notfound, you know,

12 what'sgoing tohappen? Isshe going toget the money or not?

13 Q So didyou and/orher take anysteps to facilitate

14 that?

15 A To facilitate her getting the money?

16 Q Yeah.

17 A I was not in a hurry to push that issue. I felt

18 like we needed to kind of lay low on that and not appear to

19 be, you know, the eager widow ready to cash in on her life

20 insurance.

21 Also, she was getting -- at that time, insurance

22 companies were paying a ridiculous amount. I think eight

23 percent they were required to pay on death benefit proceeds.

24 So she was earning eight percent as long as the money sat

25 there, which you couldn't get that outside in a bank or 244 1 anything like that. So I knew the longer it drug out the

2 better it was going to be. we talked about that.

3 Again, it was actually -- again, it was actually my

4 dad, because he was concerned about Denise and he wanted her

5 to get her money so she could pay her bills. And, you know,

6 he pushed it through the hoops that needed to happen for her

7 to end up getting the money quickly as she could.

8 But what we came to learn -- what he came to learn,

9 what we all came to learn was she was going to have to get a

10 death certificate issued by a judge through a court. So

11 probably my dad or me hooked her up with an attorney, Curt

12 Hunter. And she talked with Curt about what needed to be

13 done.

14 And, I think, basically, she had to file a petition

15 with the Court stating everything that happened. Talking

16 about what a wonderful marriage she had with Mike. There was

17 no reason for him to run off on her. I can't remember what

18 all had to go in the petition. But we talked about that ahead

19 of time.

20 And she ended up filing a petition. And it was

21 granted and she was issued a death certificate. So she was

22 able to get the money.

23 Q Now, the money gets paid out, Mike's body is not

24 found. You and her, you said got back into your routine.

25 were there any conversations about what had happened? 245 1 A About what had happened specifically with Mike?

2 Q Yes.

3 A No.

4 Q Okay. At some point law enforcement takes other

5 looks at the case and interviews people. Did y'all have any

6 conversations about that?

7 A well, this was years later and a lot transpired in

8 between Mike's death and law enforcement getting involved. I

9 think it was three years later, maybe. But the first thing

10 that happened with me was I just got a call from a deputy. I

11 don't remember if it was a Jackson County Sheriff officer or

12 an investigator with FDLE.

13 But I got a call from somebody and they wanted to

14 talk to me about Mike williams and the case. And I agreed and

15 went in to FDLE on Riggins Road there and interviewed with two

16 gentlemen there.

17 And it became quite clear to me during that

18 interview that they were suspicious of what happened. And not

19 only that, they were suspicious of me and Denise. And I think

20 even after I left that interview I called her immediately and

21 was freaking out. You know, that this was going on. And --

22 Q Let me stop you right there. So you had gone in and

23 you had done an interview. You mentioned that there were

24 things -- a lot of things that happened prior to that. And

25 this is approximately 2003, 2004 something like that -- 246 1 A Yes, sir.

2 Q -- when you were interviewed?

3 A Right.

4 Q So prior to that occurring, had you and Denise

5 talked about a possibility of what you would do if law

6 enforcement started investigating this?

7 A Yeah. I mean, we basically weren't going to say

8 anything. we had -- the way that we -- the word that we put

9 on it was we had an agreement that she would never say

10 anything about me and I would never say anything about her.

11 Because we knew or we felt like that as long as neither one of

12 us talked that nobody would ever, you know, find out what

13 happened. So we called it our agreement, basically. And we

14 were probably pretty arrogantly confident in that agreement, I

15 guess.

16 Q Did you and her take any steps to ensure the fact

17 that wiretaps or -- having a conversation with her, code

18 words, code signals, things like that?

19 A we didn't get that way until after law enforcement

20 started looking into things.

21 The other thing that made us really paranoid was

22 Denise -- at first Denise was allowing Cheryl, Mike's mom, to

23 see Anslee and taking Anslee -- Mike and Denise's daughter,

24 Anslee, out to Cheryl, Grandma Cheryl's house. And on one of

25 those trips out to Cheryl's house Denise found a notebook that 247 1 Cheryl had and she had written her suspicions about Denise and

2 me, and what had happened with Mike.

3 And when Cheryl was in another room or something

4 Denise read that. And came back and told me what she had read

5 and really freaked out about it. And at that point didn't

6 want Cheryl to -- didn't want any contact with Cheryl, really.

7 But between that and law enforcement getting

8 involved, we became very paranoid about being monitored. So

9 we agreed and talked about we weren't going to talk about

10 anything on the phones anymore. we were worried about our

11 cars being bugged. Our houses being bugged. we had hand

12 signals that we would use if we needed to talk about something

13 related to Mike or law enforcement.

14 Q what are those hand signals?

15 A One of them was a C for Cheryl. And then the other

16 one was this (indicating). Like, jail bars. So when we did

17 that we knew that one or the other of us had something to talk

18 about. And we would usually go -- there was a park next to --

19 there is a park next to Denise's house along Miccosukee Road.

20 we would go out to that park and go way out in a field on a

21 bench.

22 And we would leave our cars [sic] in the vehicle.

23 wouldn't take -- we would leave our phones in the vehicle.

24 Make sure we didn't have a phone on us. we were very

25 concerned that we were being watched or monitored by law 1 enforcement.

2 Q Now, backing up again, prior to the interview.

3 You're still married in 2000 to Kathy. And you started your

4 relations back with Denise.

5 A (Nods.)

6 Q At some point did your marriage with Kathy start

7 falling apart?

8 A Yes, sir.

9 Q when was that?

10 A I mean, it had started -- it had started, you know,

11 when Denise and I started our affair in '97. But after Mike

12 was gone, we actually -- Kathy and I spent even more time with

13 Denise. The three of us doing a lot of things. Just because

14 Denise and I wanted to be together. And, yeah, things just

15 got worse and worse.

16 I mean, Kathy, you know, told me later that after

17 Mike was gone it was like there was no reason for me and

18 Denise to be apart from each other. She made comments like

19 that. But I think she was suspicious of us, you know, all

20 along. But I never admitted to Kathy that Denise and I were

21 having an affair, obviously.

22 And that was just kind of, basically, the next step

23 in the plan. But it couldn't be right off because that would

24 look bad. So Kathy and i ended up staying together. I think

25 our divorce wasn't finalized until 2004,I believe. 249 1 Q At some point did you and Kathy separate prior to

2 the divorce?

3 A Yes, sir.

4 Q At some point was there a situation where you

5 backtracked, essentially, and started -- and made a pledge to

6 try and get back with Kathy and not go with Denise?

7 A Yes, sir.

8 Q what was that about?

9 A There was a lot that led up to that. As you said,

10 we were separated. So Kathy and I were separated. I had a

11 house to myself. There was the incident that you talked

12 about -- we talked about earlier with Angela Stafford. where

13 Denise walked in on Angela and I in my bedroom.

14 After that happened Denise was furious. And she,

15 you know, we had a briefcase full of momentos, cards, notes,

16 letters, pictures, videos, all sorts of things. She left my

17 house and went to her house and burned it all. She was very

18 angry with me. I didn't know it at the time, but she actually

19 was having sex with a guy that she worked with at work. And I

20 think when she caught me with --

21 Q Is that Charles Bunker?

22 A I'm sorry?

23 Q Charles Bunker?

24 A Yes, sir.

25 And, so, when she caught me with Angela, I think she 250 1 decided at that point, well, I'm going to drop Brian and

2 pursue a relationship with Mr. Bunker. And, so, things just,

3 basically, like, went to hell with me and Denise.

4 And, long story short, I mean,I just realized what

5 a disaster my life was at that point. And Denise and I had --

6 well, we hadn't broken up. She had basically dumped me for

7 Chuck. And I found myself at church one day on July 4th.

8 Heard a sermon about freedom. You know,I felt like I was a

9 slave to all that I had been living for, you know, in my

10 relationship with Denise. And I had a -- I guess you would

11 call it a spiritual awakening or conversion, however you want

12 to term it.

13 Eventually, the relationship with Denise and

14 Mr. Bunker went haywire and south. They had their legal

15 issues with each other.

16 Q Let's stop there real quick. Because you're on

17 Mr. Bunker. was there an incident between you and Mr. Bunker?

18 A That happened prior to me going to church that day.

19 But, yes, sir.

20 The way that I found out about Denise and Chuck was,

21 she left town with him. went up to Atlanta on a trip

22 together. And I found out from one of her sisters that they

23 were in Atlanta.

24 And I was not happy. I was angry. And I wanted to

25 confront her, you know. Because we had been through a lot. 251 1 Done a lot for each other. I mean, I gave up half of my son's

2 life to be with her. you know, killed her husband. And we'd

3 done a lot to be together. And then for her to turn around

4 and go, you know, sleep with Chuck didn't make me happy.

5 So I found out they were in Buckhead in Atlanta.

6 And I drove up there to confront them -- confront her. I

7 didn't really care about him so much. But I ended up

8 finding -- i ended up sitting in a lobby in a hotel and they

9 came strolling by together. And, you know,I confronted them.

10 And we ended up going outside and having a long

11 argument/conversation out next to the street in Buckhead.

12 She -- I wanted Chuck gone. I didn't want to deal

13 with Chuck. So my main focus was, you need to get rid of

14 Chuck. She got rid of him. Got him to leave us alone. And

15 she and I spent the night together in the hotel. And I didn't

16 know it at the time, but she was just kind of placating me

17 when Chuck was -- I think, got a room down the hallway in the

18 hotel. Didn't really leave. But -- so we had that incident.

19 And Denise told me later that the way that she got

20 rid of Chuck was she told him that if he didn't leave that I

21 could have her turned in for insurance fraud. which i thought

22 was just -- it blew my mind that she told him that. I

23 couldn't believe that she admitted that to another party.

24 Q Did you hear her say that or is that just what she

25 told you? 252 1 A She told me this later and we argued about it later.

2 So the incident with Chuck happened. And I drove

3 back to Tallahassee. And I was just done. I was just spent.

4 And that's what kind of led me to, kind of,I guess, what I

5 thought at the time was rock bottom. I didn't know I had so

6 many rock bottoms ahead of me.

7 But at that point i ended up in church and kind of

8 had a spiritual reawakening. And over the next few months I

9 decided that I wanted to try to reconcile with Kathy. I still

10 loved Denise. I still wanted to be with Denise.

11 Eventually, Denise and Chuck's relationship imploded

12 and they had their, you know, legal issues and whatnot. And

13 so they broke up. My dad actually helped Denise through all

14 of that.

15 Q So they break up. You try to get back with Kathy?

16 A They broke up and Denise and I -- Denise kind of had

17 her own spiritual awakening. And I know this sounds all

18 screwy. But we wanted to be together still but we both agreed

19 that the right thing for me to do was to try to get with

20 Kathy. And if Kathy decided that wasn't going to happen, then

21 we were free to be together.

22 Q Is that what you did?

23 A And so -- yes,I tried to reconcile with Kathy.

24 Q Did that work out?

25 A Not well. 253 1 Q Eventually you and Kathy ended up in a divorce?

2 A Yes, sir. we end up getting divorced. And so we're

3 free to be together. Mike's --

4 Q when was the divorce with Kathy?

5 A I'm -- this is terrible, but I don't remember when

6 it was finalized. Because we had a long separation. I don't

7 remember when the divorce itself was finalized.

8 Q At some point did you and Denise start becoming

9 public with your dating?

10 A Yes, sir. After the divorce was finalized and we

11 decided enough time had passed from Mike's death, we decided

12 it was okay for us to gradually start dating.

13 And, you know, we talked about it with a lot of

14 people. There were some people that took it well. There were

15 some people, like her family and her dad, who took it

16 horribly. But we did start dating.

17 Q Eventually you got married?

18 A And then we got married in 2005. we were still

19 concerned about the law enforcement side of it. But as time

20 passed and nothing happened, we became less and less concerned

21 about it.

22 Q You say that you were still concerned. Did y'all

23 have communications between each other about what would you do

24 if law enforcement ever interviewed?

25 A Right. You know, things would come up in the media. 254 1 we would see things online or in the news. Cheryl, you know,

2 never gave up and kept pushing things. And so from time to

3 time that issue would be raised. And I always wanted to talk

4 about things a lot more than Denise. Denise did not like to

5 talk about anything related to that usually. But we -- you

6 know, we would typically not talk in the house. we would

7 typically talk, you know, out at Lake Ella or a public place,

8 or wherever where we felt like we weren't being monitored,

9 even at that point.

10 Q And did y'all have an agreement -- a pact, the

11 agreement not to talk to law enforcement?

12 A Yes. I mean, we promised each other that neither

13 one of us would ever say anything. Because we knew the only

14 way that -- we felt like the only way they would get anything

15 would be if one of us talked.

16 And, I mean, I was concerned about Denise. If she

17 ever got under that pressure, whether she would hold up to it

18 or not. You know, Kathy actually warned me. I think, the

19 first time I heard Kathy talk about it, she said, you know --

20 Kathy was trying to get me to talk. But, basically, she said,

21 you know you can't trust Denise and she'll throw you under the

22 bus the first chance she gets.

23 Q would it be fair to say that you made assurances to

24 her, being Denise, that you had not told anybody else about

25 this particular case? 255 1 A Yes, sir.

2 Q And did she make assurances to you that she had not

3 told anybody else?

4 A The only person I knew of was Mr. Bunker. But, you

5 know, she didn't say that Mike was murdered or anything like

6 that. She just supposedly --

7 Q The insurance part?

8 A Right.

9 Q Okay. Now, in 2016 you were -- there was the

10 kidnapping arrest?

11 A Yes, sir.

12 Q And following that you confessed to the murder of

13 Mike, correct?

14 A Yes, sir.

15 Q You led law enforcement to his remains?

16 A Yes, sir.

17 Q The conversations with Denise leading up to the

18 murder, did they occur in Leon County for the most part?

19 A Yes, sir.

20 Q The conversations with Denise following the murder,

21 where the agreement was never to talk to law enforcement, did

22 that occur in Leon County, Florida?

23 A Yes, sir.

24 Q whenever she set up her alibi to stay at home and

25 make phone calls, did that occur in Leon County, Florida? 256 1 A Yes, sir.

2 Q we talked a lot about Denise Winchester or Williams,

3 formerly Winchester. Do you see her here in the courtroom

4 today?

5 A Yes, sir.

6 Q Can you please point to her and indicate an article

7 of clothing?

8 A An article of clothing? The pink sweater.

9 MR. FUCHS: May the record please reflect he's

10 indicated the defendant, Ms. Denise Williams.

11 I have no further questions at this time.

12 THE COURT: You can step out.

13 So we had talked with the -- I had talked with the

14 attorneys earlier and decided that it was too late to

15 start into the cross-examination by the defense. It's

16 not fair to make them go a little while and then break up

17 their cross-examination.

18 So i hope it doesn't break your heart, but we're

19 going to break for the evening. It's a pretty reasonable

20 time. Just leave your notes where they are. Don't

21 discuss the case with anyone. Don't let anyone discuss

22 the case with you.

23 Let's stay off the internet and social media. Don't

24 review any media accounts of what's going on here. Let's

25 be back tomorrow at 8:45 so we can get started promptly 257 1 with this. The parking arrangement will be the same. So

2 they'll bring you up the back way.

3 Now, somebody ended up over here. I don't know

4 exactly. Don't go to the front of the courtroom. Come

5 to the back so we can get you in the jury room. You

6 don't need to be hanging out over here with the witnesses

7 and so forth.

8 Make sure before they leave, everybody's clear on

9 where they're coming and what the plan is. Anybody

10 confused or have an issue about? If not, we'll let you

11 step out with the bailiff. we'll see you all tomorrow

12 morning, 8:45. Just leave your notes where they are.

13 (Jury exits.)

14 THE COURT: All right. Everybody be seated.

15 Any issues from either side?

16 MR. FUCHS: Not from the State, Your Honor.

17 MR. PADAVANO: Your Honor, while we have a moment, I

18 know you were interested of getting advanced notice of

19 special jury instructions.

20 THE COURT: Correct.

21 MR. PADAVANO: And I just discovered one issue that

22 I didn't think of before. The standard jury instruction

23 on accessory after the fact doesn't have anything in it

24 about the immunity in the statute for husband and wife.

25 And if you look at the statute, the statute requires 258 1 the State to prove that the parties were not in the

2 position of husband and wife. And, in this case, if you

3 look at the dates in the indictment, there's a period of

4 time in which they were married. There's a period of

5 time in the indictment that is after they're married.

6 So I think what we're going to need to do -- and I

7 don't mean to give you a full scale argument. I can have

8 something for you tomorrow. Just -- my intention now is

9 to give you --

10 THE COURT: I thought that applied only if it was a

11 third-degree felony was my --

12 MR. PADAVANO: You know, that could be.

13 THE COURT: -- my recollection of looking at it.

14 And I did consider that issue. But I think in the jury

15 instructions they specify that this only applies if it's

16 not a third-degree felony.

17 MR. PADAVANO: Well, if that's the case, Your Honor,

18 that will resolve the problem. I'll take a look at it

19 again and make sure. But I didn't want to omit that if

20 it was something that we needed to do.

21 THE COURT: Right. If you look at 777.03, the

22 accessory after the fact, 1(a) goes to, you know, what

23 you're talking about, wife or other family member, and

24 such crime was a third-degree felony. I think you need

25 to look at it and be certain of it. But I think that's 259 1 the provision that would come into play.

2 MR. PADAVANO: I'll take your word for it. And

3 maybe this is not an issue at all.

4 THE COURT: And if you think an instruction is

5 appropriate, draft something for me.

6 MR. PADAVANO: Thank you, sir.

7 THE COURT: Anything else?

8 MR. FUCHS: No, Your Honor.

9 THE COURT: So how are we doing time -wise,

10 Mr. Fuchs?

11 MR. FUCHS: A little bit behind schedule, but not

12 much. And we'll make up for it probably tomorrow. I

13 think we'll be all right. we're still in the

14 two -and -a -half, three-day range even with the delay.

15 THE COURT: Okay. Mr. way?

16 MR. WAY: I anticipate having all of my -- I've

17 contacted my witnesses and even the ones traveling will

18 be here Thursday morning, we would not anticipate

19 getting to the defense case, depending on where we are

20 time wise.

21 THE COURT: Certainly not tomorrow. It would look

22 like some time Thursday, probably. Sometimes the days

23 escape you.

24 So sometime Thursday I would think we would be into

25 the defense case. 260 1 MR. FUCHS: Yes, sir.

2 MR. WAY: That's what I anticipate, Your Honor.

3 THE COURT: All right. Anything else? If not,

4 we'll see you all 8:30 tomorrow morning.

5 MR. WAY: Yes, Your Honor.

6 MR. FUCHS: Thank you, Your Honor.

7 (Proceedings in the matter concluded for the day.)

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25 261 1 CERTI FICATE

2 STATE OF FLORIDA:

3 COUNTY OF LEON:

4 I, Johana M. Kesterson, Official Reporter, do hereby

5 certify that the foregoing proceedings were taken before me at

6 the time and place therein designated; that my shorthand notes

7 were thereafter translated under my supervision; and the

8 foregoing pages are a true and correct record of the aforesaid

9 proceedings.

10 I FURTHER CERTIFY that I am not a relative,

11 employee, attorney or counsel of any of the parties, nor

12 relative or employee of such attorney or counsel , or

13 financially interested in the foregoing action.

14 DATED this 12th day of April, 2019. 15

16

17

18

19

20 JOHANA M. KESTERSON OFFICIAL COURT REPORTER 21 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 22

23

24

25 Filing # 88224026 E -Filed 04/18/20 19 05:27:3 1 PM

262 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO.: 2018CF1592

STATE OF FLORIDA

vs.

DENISE WILLIAMS,

Defendant. /

VOLUME III Pages 262-396

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 12, 2018

TIME: Commencing at 8:31 a.m. Concluding at 11:59 a.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: Johana M. Kesterson, Official Reporter Notary Public in and for the State of Florida at Large

JOHANA M. KESTERSON Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 263 1 APPEARANCES

2 REPRESENTING THE STATE:

3 JON FUCHS, ASSISTANT STATE ATTORNEY JAMES ROGERS, ASSISTANT STATE ATTORNEY 4 OFFICE OF THE STATE ATTORNEY LEON COUNTY COURTHOUSE 5 TALLAHASSEE, FLORIDA 32301

6 REPRESENTING THE DEFENDANT:

7 ETHAN WAY, ESQUIRE WAY LAW FIRM 8 P.O. BOX 10017 TALLAHASSEE, FLORIDA 32302 9 PHILIP J. PADOVANO 10 BRANNOCK & HUMPHRIES 131 N. GADSDEN STREET 11 TALLAHASSEE, FL. 32301

12 INDEX 13 WITNESSES: PAGE:

14 BRIAN WINCHESTER Cross Examination By M. Way 268 15 Redirect Examination By Mr. Fuchs 310 Recross Examination By M. Way 331 16 DR. STEPHEN MNOOKIN 17 Direct Examination By M. Rogers 344 Cross Examination By Mr. Way 346 18 HOWARD DREW 19 Direct Examination By Mr. Fuchs 349

20 LINDSAY LOCKHART Direct Examination By M. Fuchs 356 21 Cross Examination By Mr. Way 362 Redirect Examination By Mr. Fuchs 364 22 ANGELA STAFFORD 23 Direct Examination By Mr. Fuchs 367 Cross Examination By Mr. Way 383 24 Redirect Examination By Mr. Fuchs 392 Recross Examination By Mr. Way 393 25 264 1 EXHIBIT INDEX

2 STATE'S: PAGE:

3 18A -F 313 17 327 4 19 329

5 DEFENDANT'S: PAGE:

6 1 349

7 certificate of Reporter 396

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25 265 1 PROCEEDINGS

2 THE COURT: Everybody be seated.

3 we're here in State of Florida versus Williams,

4 2018CF1592. Let the record reflect Ms. williams is

5 present with her attorneys.

6 So we need to go back to the State's motion in

7 limine. we're about to get into cross-examination.

8 Does the State still wish to be heard on that?

9 MR. ROGERS: Judge, I think that the

10 cross-examination would likely go into the specific bad

11 acts of Brian Winchester in relation to the kidnapping of

12 Denise Winchester. I believe that going into the

13 specific allegations would be improper.

14 THE COURT: How is -- I mean, do you accept their

15 theory that it would show -- or conceivably show that

16 Mr. Winchester was attempting to create evidence to

17 discredit Ms. Williams? Do you agree that's at least

18 one --

19 MR. ROGERS: Yes, Judge. Some of the --

20 THE COURT: -- view of the evidence?

21 MR. ROGERS: Yes, Judge.

22 THE COURT: Well, how is that not bias?

23 MR. ROGERS: I'll concede that, Your Honor.

24 THE COURT: Yeah. Seems to me pretty clear that if

25 that, in fact, is at least the theory of its 266 1 admissibil-ity -- I mean, bias is always admissible. The

2 fact that it may show other allegations of criminal

3 activity doesn't make it inadmissible.

4 I'm going to deny the State's motion in limine.

5 MR. ROGERS: Thank you, Judge.

6 THE COURT: Any other issues we need to take up?

7 MR. WAY: No, Your Honor.

8 THE COURT: So we're going to --

9 Are you going to have anything further with

10 Mr. Winchester, Mr. Fuchs?

11 MR. FUCHS: I have no further questions at this

12 time.

13 THE COURT: So we're going to go straight into

14 cross-exami nation?

15 MR. WAY: Yes, Your Honor. I didn't know if

16 Mr. Jansen needed to do what he did yesterday again.

17 don't think he does.

18 THE COURT: No. I covered that specifically

19 yesterday, that it included the cross-examination. So I

20 don't think anything further needs to be done on that.

21 MR. WAY: Yes, sir.

22 THE COURT: Did you look at your jury instruction

23 issue, Mr. Padavano?

24 MR. PADAVANO: Yes, sir. I did have a chance to

25 look at that. And I've convinced myself that you were 267 1 right about it. So we're not going to be amending that.

2 THE COURT: Okay. So we'll start with

3 cross-examination. And it will probably be nine o'clock

4 or so before we get all the jurors gathered up.

5 So, anyway. All right.

6 (A recess was had.)

7 THE COURT: Be seated, please, folks.

8 Are we ready for a jury? Ready for the jury?

9 MR. WAY: Yes, sir. I apologize, Your Honor.

10 THE COURT: All right. Let's have a jury, please.

11 MR. FUCHS: Your Honor, I think Mr. Jansen wanted to

12 be heard --

13 THE COURT: We talked to him yesterday. We don't

14 need to talk again. Let's have the jury, please.

15 (Jury enters.)

16 THE COURT: All right. Everybody be seated, please.

17 Good morning, folks. Thank you for being back here

18 promptly today. We have a nice chilly morning to get

19 everybody going. I had to figure out where my ice

20 scraper was this morning. I wasn't expecting that. But,

21 anyway, hope everybody's doing well.

22 You may proceed, Mr. Way.

23 MR. WAY: Thank you, Your Honor.

24 whereupon,

25 BRIAN WINCHESTER, 268 1 was recalled as a witness, having been previously duly sworn,

2 was examined and testified as follows:

3 CROSS- EXAMINATION

4 BY MR. WAY:

5 Q Mr. Winchester, you're here today because you

6 received a subpoena from the State of Florida?

7 THE WITNESS: Your Honor, I have a question first

8 before we start, if that's all right.

9 THE COURT: No. You can answer his question.

10 You're directed to answer his question.

11 Proceed.

12 THE WITNESS: Am I still under the same compulsion

13 as yesterday?

14 THE COURT: You are.

15 THE WITNESS: Thank you.

16 Yes, sir.

17 BY MR. WAY:

18 Q Mr. Winchester, you are here today because you are

19 under subpoena by the State of Florida?

20 A Yes, sir.

21 Q Do you understand what immunity means?

22 A I believe so.

23 Q what do you understand it to mean?

24 A That the things that I say here in court cannot be

25 used against me legally. 269 1 Q Did you enter into a proffer agreement with the

2 State of Florida in October of 2017?

3 A Yes, sir.

4 Q Did you enter into that agreement as it related to

5 the underlying case of kidnapping Denise williams at gunpoint?

6 A Yes, sir.

7 Q As t related to that agreement that was negotiated

8 between the State of Florida and yourself, you received

9 certain benefits; would you agree with that?

10 A If you want to term it that way, I guess you could

11 say that.

12 Q well, how -- well, let's see how you would term it.

13 You were granted immunity for killing Mike Williams, correct?

14 A I wasn't granted immunity for killing him. I was

15 granted immunity for what I say in court.

16 Q Do you believe that you could be prosecuted for

17 killing Mike Williams?

18 A Yes, sir.

19 Q Do you think you'll be prosecuted for that?

20 A I hope not.

21 Q Do you believe that your testimony today in any way

22 is going to help the Government prosecute you for that?

23 A No, sir.

24 Q As a part of the proffer agreement in the kidnapping

25 case where you held Denise Williams at gunpoint in her car, 270 1 the State agreed not to seek a life sentence in that case;

2 isn't that true?

3 A They agreed not to seek a life sentence, but asked

4 in court for me to get 45 years. So that's pretty much a life

5 sentence, in my opinion.

6 Q The State also agreed in the proffer agreement that

7 they were not going to advise Judge Hankinson of an individual

8 named wade Wilson or anything that he may know about your

9 case; isn't that true?

10 A Yes, sir.

11 Q And that proffer agreement, the Government also

12 agreed with you and your lawyers that they would continue --

13 or seek a continuance of your trial date for several months so

14 you could assist in the ongoing investigation?

15 A I don't know what the reasoning for the extension in

16 time. I don't remember what the reason for that was.

17 Q Finally, the proffer agreement also provided you

18 something called "use immunity." Do you remember that?

19 A Yes, sir.

20 Q And you were also provided something called

21 "derivative immunity."

22 A Right.

23 Q As you sit here today, you have not been charged in

24 the murder of Mike Williams, have you?

25 A No, sir. 271 1 Q You are not in prison for the murder of Mike

2 williams, are you?

3 A No, sir.

4 Q You're in prison today because you are a two-time

5 convicted felon; isn't that true?

6 A Yes, sir. Three time, I believe.

7 Q Take your word for three.

8 Let's go back to August 5th of 2016. Do you recall

9 that date, Mr. Winchester?

10 A Yes, sir.

11 Q Is that the date you went to Ms. Williams' house?

12 A Early that morning, yes, sir.

13 Q And that was the house on Centennial Oaks?

14 A Correct.

15 Q And you went there about two or three in the

16 morni ng?

17 A Yes, sir.

18 Q That was the same house that Denise had been living

19 with Mike in in December of 2000, isn't it?

20 A Yes, sir.

21 Q It was the same house you and Denise Williams lived

22 in up until about 2012 when you separated?

23 A Along with our kids, yes, sir.

24 Q And in December of 2000, you knew that Ms. Williams

25 had -- strike that. 272 1 August 5th of 2016 you were in the middle of a

2 divorce with Ms. Williams, weren't you?

3 A She -- i believe she had filed at that point, yes,

4 sir.

5 Q In fact, she had filed for divorce in 2015; isn't

6 that true?

7 A I don't remember the exact date.

8 Q Do you recall that prior to August 5th of 2016,

9 approximately a month earlier, you were compelled by the

10 Honorable Charles Francis in that very divorce case to begin

11 providing financial records?

12 A Correct.

13 Q And up until Judge Francis had entered that order,

14 you had delayed and tried to block Ms. Williams from going

15 forward with her divorce of you?

16 A I didn't get the paperwork done in time.

17 Q But on the morning of August 5, 2016, you crawled in

18 the back of Ms. Williams' vehicle at about 2:00 or 3:00 a.m.?

19 A Yes, sir.

20 Q Because that's when it's the darkest?

21 A Right.

22 Q You waited for her?

23 A uh-huh. Yes, sir.

24 Q You had a backpack with you?

25 A Yes, sir. 273 1 Q You had a loaded handgun?

2 A Yes, sir.

3 Q You had a tarp?

4 A No, sir.

5 Q You didn't have a tarp?

6 A Did not.

7 Q Did you have a blanket?

8 A I had a sheet.

9 Q A sheet. Is that the sheet you were going to use to

10 wrap Ms. williams' body in after you killed her?

11 A No. Absolutely not.

12 Q You had bottles containing fluids?

13 A water. Yes, sir. One water bottle to spray the

14 outside of her car so she couldn't see the inside of the car

15 where I was hiding.

16 Q And you had some kind of tool with you?

17 A She thought I had a tool. It was actually a clip, I

18 believe, to the pistol.

19 Q So it was more bullets for the pistol?

20 A No. It was an empty clip.

21 Q This was an armed kidnapping that you'd planned for

22 over a month?

23 A I thoughtabout itfor amonth.

24 Q You werevery upsetwithMs. Williams, weren't you?

25 A I was angry. 274 1 Q you were angry because she was going forward with

2 the divorce?

3 A I was angry for a lot of reasons besides that.

4 Q She hadn't been talking to you in the week prior,

5 had she?

6 A No.

7 Q okay. what were you going to get her to do after --

8 well, let me back up. About 7:00 a.m. Ms. Williams

9 got in her vehicle to go to work?

10 A Right.

11 Q So at about that point in time you had been sitting

12 in the back of her car for up to five hours?

13 A Right.

14 Q You had a bottle of water that you were going to use

15 to spray to cover the windows so she couldn't see you?

16 A I did do that. Right.

17 Q And then as she got in her vehicle to go to work,

18 you crawled up over the back seat and shoved a gun into her

19 ribs, didn't you?

20 A I didn't shove a gun in her ribs. I didn't pull the

21 gun out until later. And I had it at her side for ten

22 seconds, tops. She didn't even know the gun was there until I

23 told her later what it was.

24 Q You had a gun?

25 A I had agun. 275 1 Q You didn't have a bouquet of flowers?

2 A Correct.

3 Q You had a gun? A loaded handgun?

4 A Right.

5 Q She screamed, didn't she?

6 A Screamed?

7 Q Yeah. when she found out that you had crawled over

8 the back seat of her vehicle in the early morning hours of

9 August 5,2016, she screamed, didn't she?

10 A She was on the phone. And I took the phone and hung

11 the phone up. we yelled at each other. She stopped the car

12 in the middle of the road. I was worried a car was going to

13 hit us from behind, so I yelled at her to drive, drive.

14 she -- i don't remember her screaming, no, sir. But,

15 obviously, she was alarmed. Yes.

16 Q Yeah. Because you had been hiding in the back of

17 her vehicle. You crawled over a couple rows of seats and you

18 had something, which you're telling us now you didn't tell her

19 was a gun until later --

20 THE COURT: Mr. Way, we're not going to just

21 reiterate testimony.

22 MR. WAY: Yes, Your Honor.

23 THE COURT: If you have a new question, please ask

24 it.

25 BY MR. WAY: 276 1 Q At some point she eventually was able to talk you

2 down?

3 A At some point I calmed down and realized how

4 ridiculous this whole situation was.

5 Q well, it was a little more than ridiculous. It was

6 criminal, wasn't it?

7 A Yes, sir.

8 Q And at some point on August 5,2016, to the best of

9 your knowledge, Ms. Williams made contact with law enforcement

10 and you were arrested that day?

11 A Yes, sir.

12 Q And that is the last day that you have been a free

13 man in the state of Florida, isn't it?

14 A Correct.

15 Q After you were arrested, there was opportunity for

16 you to have hearings related to a bond. Do you recall that?

17 A Yes, sir.

18 Q Do you recall you were not granted a bond?

19 A Yes, sir.

20 Q Do you recall if you were aware that Ms. Williams

21 vigorously opposed you receiving any kind of bond?

22 A At those hearings, yes. Correct. Earlier she

23 questioned whether I should -- she even should have gone to

24 the police.

25 Q But after August 5th of 2016, up until the time you 277 1 were sentenced, you were in jail and you were not getting out

2 of jail. And Ms. williams had made her position clear that

3 she wanted you to be -- to remain incarcerated?

4 A After she changed her position, yes. After she got

5 interviewed by FDLE and realized that she had opened up a can

6 of worms with the murder that we committed together, you're

7 right, she changed her position and started asking for life in

8 prison for me.

9 Q But the penalty for the armed kidnapping is life in

10 prison, isn't it?

11 A Yes, sir.

12 Q And, as you testified earlier concerning your

13 agreement with the State, based on that proffer agreement, the

14 State wasn't going to ask for that life in prison, were they?

15 A I'm sorry. Can you say it again?

16 Q You had just indicated that Ms. Williams was seeking

17 life in prison, correct?

18 A Right.

19 Q But life in prison is the possible punishment for

20 the crimes to which you pled?

21 A Correct.

22 Q And you made a deal with the Government not to get

23 that life sentence?

24 A You're terming it a deal. It was a proffer

25 agreement. And, yes, it restricted them from asking for life. 278 1 But they subsequently asked for 45 years. I don't call that a

2 great deal

3 Q well, what were you ultimately sentenced to?

4 A what was I ultimately sentenced to?

5 Q How long will you be in prison?

6 A Twenty years.

7 Q okay. Is your tentative release date 2036?

8 A I don't know exactly.

9 Q You don't know when you are likely to get out of

10 prison for the kidnapping of Denise Williams?

11 A Add 20 years to whenever I was arrested. I don't

12 have a calendar in front of me.

13 Q But it is your understanding and belief that you

14 will one day walk out of the Florida Prison System?

15 A If I survive it.

16 Q Let's go back to the very beginning of your

17 involvement with Denise Williams. You've known each other

18 since you were both very young, haven't you?

19 A Preschool

20 Q And that would be at Parkway Baptist Church as

21 toddlers?

22 A Yes, sir.

23 Q And then you and Ms. Williams went on to Holy

24 Comforter together?

25 A Middle school. 279 1 Q And after you went to Holy Comforter, you and

2 Ms. williams attended North Florida Christian, correct?

3 A High school.

4 Q Class of 1988?

5 A Yes, sir.

6 Q And that's the same high school you went to with

7 Mike williams and with Kathy Aldridge, who later became your

8 wife?

9 A Yes, sir.

10 Q And when you were in high school you dated Kathy

11 Aldridge?

12 A Yes, sir.

13 Q And Denise dated Mike?

14 A Correct.

15 Q And it was at that point in time when you were at

16 high school and after that you two, as couples, and the four

17 of you as individual friends would do things together,

18 correct?

19 A It primarily started, I guess, later in college.

20 Q And after college you all four remained very close

21 friends, correct?

22 A Yes.

23 Q You went on trips together?

24 A Yes.

25 Q went to local nightclubs together? 1 A Yes.

2 Q Restaurants?

3 A Yes, sir.

4 Q went to each other's houses?

5 A Yes, sir.

6 Q You had indicated that you started an intense

7 affair, I believe your testimony was some time on October 13,

8 1997 at Floyd's music store. was that your testimony?

9 A Yes, sir.

10 Q And that relationship turned into something where

11 you were calling Ms. Williams up to 12 times a day sometimes,

12 on the phone?

13 A I'm sure there was a day where I called her 12 times

14 a day probably. But,I mean, we talked or saw each other

15 routinely, regularly.

16 Q During this time frame, where was Ms. Williams

17 worki ng?

18 A At first she was at SBA, State Board of

19 Administration.

20 Q She only had a 30 -minute lunch break at the State

21 Board, didn't she?

22 A I don't know how long her lunch break was, but she

23 routinely was late getting back from lunch.

24 Q Because you previously indicated that you and

25 Ms. Williams would have sex up to 15 times a week. Do you 281 1 recall ever telling me that?

2 A I gave a range, I believe.

3 Q was 15 the top of the range?

4 A Yes, sir. Maybe. I mean, I don't know.

5 Q You had indicated that the sex -- the sex acts that

6 took place up to 15 times a week would take place in public

7 places, including the top of the Capitol?

8 A Yes, sir.

9 Q And no one ever saw you?

10 A I'm sure people saw us. But we were very good at

11 hiding things. Denise is a very smart person. I'm probably

12 not as smart as her. But we were pretty good at getting away

13 with things.

14 Q well, let's talk about that. If you're very good at

15 getting away with things and no one saw you, how is on

16 December 16, 2000, after you shot Mike Williams in the face,

17 that you ran across two individuals that very day who may have

18 been law enforcement officers? You ran across Mike Phillips

19 at wal-Mart, correct?

20 A Yes, sir.

21 Q And Mike Phillips is an agent with the Florida

22 Department of Law Enforcement?

23 A Yes, sir.

24 Q And you ran across another gentleman at the end of

25 Gardener Road who you believed was a wildlife officer? 282 1 A Right.

2 Q So on the day that you shoot your best friend in the

3 face you come across two people, just at random, both of who

4 may be in law enforcement?

5 A I also pulled up at a stoplight next to -- or across

6 from a state patrol officer. But I didnTt have any control

7 over any of those occurrences.

8 Q Thank you. So you had a third potential contact

9 with law enforcement on that day?

10 A Yes, sir.

11 Q But in this three-year affair that you said included

12 sex up to 15 times a week, you have no recollection of anyone

13 ever discovering that?

14 A Three-year affair?

15 Q well, 1995 to 2000.

16 A 2005.

17 Q Okay.

18 A Eight -year.

19 Q Eight -year. Nobody ever found out?

20 A Nobody ever found out?

21 Q In 2000, Mr. Winchester --

22 THE COURT: wait a minute. I think he's asking you

23 to clarify is that the question, Mr. Way.

24 MR. WAY: Let me rephrase the question.

25 283 1 BY MR. WAY:

2 Q Over this eight years you just testified to, do you

3 know of anyone who visibly observed you in an affair with

4 Ms. Williams?

5 A Yes, sir.

6 Q Who?

7 A Randy Clutcher.

8 Q Okay. Randy Clutcher. Who is he?

9 A Randy owned a business in town on Tennessee Street.

10 I was friends with him. Denise and I ran into him coming out

11 of a strip --I hate to do this to you, Randy -- but he was

12 coming out of a strip club in Panama City when Denise and I

13 were walking inside.

14 I took Denise out on a boat with a good friend of

15 mine, Lance Walker. Lied to him, told him Denise was my

16 cousin. He came up to me later and said, that's not your

17 cousin, bro.

18 We ran into Denise's sister at the mall one time.

19 I'm sure there's numerous times that I'm not even aware of

20 that we were seen or observed by people.

21 Q well, that's observed by people in general. I think

22 my question was more, did anyone observe you having -- you

23 know, in these trysts that you indicated occurred in public

24 places.

25 But let me follow up with what you had just said. 1 You and Denise williams were friends, correct? You were

2 lifelong friends.

3 A when?

4 Q From third grade at Parkway Baptist, allthe way up

5 to probably when she separated from you in 2012?

6 A Right.

7 Q So it's not uncommon for you to be seenout in

8 publicwith someone you've known since they were three,is it?

9 A when you're married to other people andyou're going

10 into strip clubs together, I think that's a littleodd.

11 Q well, the strip club trip, when was that?

12 A which one?we went to strip clubs --

13 Q The one you just talked about.

14 A -- regularly.

15 Q The one you just talked about with Randyin the

16 Panamacity. what year was that?

17 A I couldn't tell you.

18 Q okay. was it after Mike was killed?

19 A I'm not sure.

20 Q Because after Mike was killed, thanks toyou,

21 Ms. Williams' was a widow at that point?

22 A Thanks to me?

23 Q Yeah. You killed her husband. She wasn'tmarried

24 to himafter you killed him.

25 In 2000 you were working as a financialplanner for 285 1 your father --

2 THE COURT: The jury will disregard the comments

3 from Mr. Way. He's here to ask questions. And you're to

4 consider the answers to those questions, not the comments

5 by the attorneys.

6 MR. WAY: Acknowledged, Your Honor.

7 THE COURT: Thank you.

8 BY MR. WAY:

9 Q Mr. Winchester, in 2000 you were working as a

10 financial planner?

11 A Yes, sir.

12 Q And in your role as financial planner you sold

13 insurance?

14 A Yes, sir.

15 Q You handled investments and money matters for your

16 clients?

17 A Correct.

18 Q Did your clients include friends of yours from North

19 Florida Christian?

20 A Yes, sir.

21 Q Did they also include Denise Williams and some of

22 her family members?

23 A Yes, sir.

24 Q In fact, you had handled financial matters for

25 Ms. Williams' sisters, or some of her sisters? 1 A Yes, sir.

2 Q And you were Mike williams' financial planner?

3 A I was one.

4 Q Because he had sought advice from other individuals

5 that you became aware of?

6 A He had a large account at Merrill Lynch. And he had

7 a relationship with a man that sold him the Cotton States

8 Policy.

9 Q Now, you previously testified -- I just want to

10 confirm this. You previously testified that Denise Williams

11 didn't want to be a divorcee?

12 A Right.

13 Q Except when it came to you; is that fair to say?

14 A Sure.

15 Q You've testified -- or you've indicated that part of

16 the reason why you killed Mike Williams was because you wanted

17 to be with Denise Williams. You wanted to be with her

18 romantically.

19 A Yes, sir.

20 Q But as it came to pass after you murdered Mike

21 williams, you did not, in fact, come to be with Ms. Williams

22 exclusively. You were still married to Kathy Thomas, weren't

23 you?

24 A I was still married to her when the murder occurred.

25 Yes, sir. 287 1 Q In fact, you didn't get divorced until 2003?

2 A Right.

3 Q And around the same time frame, Ms. Williams was

4 involved in a romantic relationship with Charles Bunker?

5 A Okay.

6 Q Well, Charles Bunker -- you testified yesterday you

7 were aware that Ms. Williams and Mr. Bunker went to Atlanta.

8 Do you recall that?

9 A Yes, sir. we talked about it yesterday.

10 Q okay. And you recall that that made you angry?

11 A Yes, sir. I felt very betrayed by that.

12 Q Because Mr. Bunker and Ms. Williams were in a

13 physical, intimate relationship, weren't they?

14 A At the same time she was in a physical, intimate

15 relationship with me, right.

16 Q So you weren't with her exclusively and she wasn't

17 with you exclusively, according to your testimony?

18 A We were supposed to be together exclusively. But,

19 yes, I cheated on her and she cheated on me. So we were equal

20 cheaters. Actually, she was first. I forgot.

21 Q The trip you went on with Mike where you drove

22 several hours, that was to Arkansas?

23 A Twenty hours. Yes, sir.

24 Q And that was the trip where Mike indicated he was

25 unhappy with his marriage? 1 A Yes, sir.

2 Q And he wanted to move out west.

3 A That was one thing that he brought up.

4 Q And how long was it before you murdered Mike that

5 this hunting trip occurred?

6 A It was in November.

7 Q So it was about a month before you killed him?

8 A Yes, sir.

9 Q And you didn't just tell him to go ahead and file

10 for divorce and move out west?

11 A I should have.

12 Q Because, according to your testimony, a month before

13 you killed Mike williams, he's giving you an indication that

14 he's frustrated in his marriage and he wants to perhaps move

15 away. Isn't that --

16 A No. He wasn't saying alone. He was talking about

17 all of them.

18 Q He was unhappy in his marriage and so he was going

19 to take his --

20 A Family and move out west.

21 Q okay. But you didn't encourage him to do that;

22 instead you killed him?

23 A That's what we did. Yes.

24 Q Well, that's what we did. when you shot Mike

25 Williams at Lake Seminole with a 12 -gauge shotgun, was Denise 1 williams standing there with you?

2 A No, she wasn't. She was in my head. Behind me.

3 Q She was in your head?

4 A uh-huh.

5 Q Is it fair to say that over the years you've been

6 obsessed with Denise Williams?

7 A Obsessed? Denise and I were best friends. we were

8 Bonnie and Clyde. we were partners in crime, were we

9 obsessed with each other?

10 Q I'm not asking you if she was obsessed with you --

11 THE COURT: He's answering your question, I think,

12 Mr. Way. Let him finish.

13 THE WITNESS: You could say that. I won't argue

14 with you on that.

15 BY MR. WAY:

16 Q Prior to the hunting trip to Lake Seminole in

17 December 16, 2000, you talked with Mike every day by phone?

18 A I mean, maybe not every single day. But very

19 regularly, yes, sir.

20 Q You previously indicated that as it relates to this

21 case and investigation, you were worried about phone records.

22 But it seems to me around 2000 you spent a lot of time on the

23 phone.

24 A Yes.

25 Q You spent a lot of time on the phone with Denise? 290 1 A Yes.

2 Q You spenta lotof timeon thephone with Mike?

3 A Right. wewereworriedaboutit being around the

4 murder.

5 Q You told Mike that you were going to take him

6 hunting to a super -secret place?

7 A I don't know exactly what words I used, but that's

8 the way that I framed it, was that it was a special spot that

9 we needed to use waders to get into.

10 Q But, in fact, you've hunted out of Lake Seminole

11 before, haven't you?

12 A Yes, sir.

13 Q And Mike Williams had hunted out of Lake Seminole

14 before?

15 A Yes, sir.

16 Q And you and Mike have both hunted together at Lake

17 Seminole before?

18 A Yes, sir.

19 Q There's nothing really secret about going to Lake

20 Seminole; is there?

21 A It's a 20,000 -acre. Lake there's plenty of spots

22 that people don't know about. And when you find a spot that

23 has a lot of ducks, then you refer to it as a honey hole or a

24 secret spot or -- you know, it's like fishing.

25 Q Did you tell Mike where this honey hole was? where 291 1 this secret spot was in the lake?

2 A No.

3 Q You got to Lake Seminole with Mike about 3:30 or

4 4:30 a.m.?

5 A I don't know if it was that early. I think we met

6 between 3:30 and 4:30. But it was earlier than it would have

7 normally been because I was trying to get back in time to meet

8 my father-in-law.

9 Q And, of course, as you're aware, the area around

10 Lake Seminole where you put in, in Sneads, is in the Central

11 time zone, correct?

12 A Yes, sir.

13 Q So if it was 4:30 in the morning here, it would be

14 3:30 local time at Lake Seminole?

15 A I didn't care about what time it was over there.

16 Q So you get him out of the boat. You rock the boat

17 or did you push him out?

18 A when i pushed him out of the boat?

19 Q Did you stand up or did you just rock the boat?

20 A He stood up.

21 Q what did you do then?

22 A I pushed him out of the boat.

23 Q Did you stand up to push him or did you push him

24 from where you were sitting down?

25 A No. I was sitting in the seat in the back. 292 1 Q Falls in the water. The water -- is it dark out?

2 A Yes, sir.

3 Q The water is black?

4 A Right.

5 Q There's no light?

6 A we had lights on the boat. But, yes, it was dark.

7 Q How far away from the boat was he after you pushed

8 him in?

9 A After I pushed him in, how far from the boat was he?

10 Q Yeah. How far did he get from the boat?

11 A After he went in the water I motored away from him

12 just a little bit, because I was worried he would try to get

13 back into the boat. And then I kind of slowly circled around

14 out of range where he was at.

15 Q And it was during this time that he swam to the

16 stump?

17 A Right.

18 Q So now Mr. Williams is holding on to the stump.

19 when you see him -- how do you see him? How are you able to

20 tell that he's holding on to the stump?

21 A Because I can see him.

22 Q All right. Did you see him off of a light that you

23 had or off a boat light?

24 A I believe I had a headlamp on. It's a light you

25 wear on your head. 293 1 Q How far did -- how close did you get to Mike when

2 you saw him holding on to that stump?

3 A At what point?

4 Q Let's use the point when you shot him in the face.

5 A when that happened he was in front of me to the

6 right. And I took the boat to the left of him and approached

7 him. And when I got to whatever -- I guess I felt like I

8 needed to, that I needed to do that before he could grab on to

9 the boat, that's when I shot him.

10 Q How close were you?

11 A The boat was moving. So, I'm guessing, you know --

12 you asked me this before and I think I said between three and

13 12 feet or something like that. But, as I've thought about it

14 since then, I thought about the fact that the boat was moving

15 towards him, so -- you know, I'm going to say three feet.

16 Q Okay. And this is because you've had an opportunity

17 since we last talked to think about your testimony. And now

18 it's closer to three feet instead of what you previously told

19 me?

20 A what didI previouslytell you?

21 Q Three to12 feet.

22 A So threefeet, yes, sir.

23 Q So now it's-- so you'reup close to him, three

24 feet. You can seehis face atthree feet, can't you?

25 A I can seethe outlineof him, yes. 294 1 Q Three feet is a very short distance?

2 A Yes, sir.

3 Q what's he saying to you?

4 A He was yelling.

5 Q You said yesterday that you had to load your

6 shotgun. Is that because you had to put a round in the

7 chamber?

8 A Yes, sir.

9 Q what kind of gun did you have?

10 A what name brand?

11 Q No. Just pump, over-under?

12 A Pump.

13 Q So that would require you tomanually pump a round

14 into thechamber. It makes a noise,doesn't it?

15 A Yes, sir.

16 Q It's distinctive noise, isn'tit?

17 A Yes, sir.

18 Q what did Mike Williams do whenhe heard you put a

19 round inthe shotgun?

20 A He didn't -- he didn't sayanything about that.

21 don't know that he heard me or not.

22 Q well, you were almost threefeet to him.

23 A That's not when I loaded thegun.

24 Q well, how far away were youwhen you loaded the gun?

25 A It was while I was circlinghim, so -- 295 1 Q And you're circling him while he's in this stump

2 field?

3 A Yes, sir.

4 Q You taking care to avoid the stumps around him?

5 A Yes, sir.

6 Q Trying tonavigate your boat through a stump field

7 to find yourfriendin pitch black holding on to a stump?

8 A I wasn'tnavigating trying to find him. He was from

9 me to youand I wascircling around him.

10 Q He's fromme to you and you're circling. Did you go

11 behind himor do youjust circle around in front of him?

12 A A circlegoes completely around.

13 Q So you wouldgo around from his front to his back

14 and backaround tohis front?

15 A I was goingaround in a continuous circle.

16 Q And he'syelling at you?

17 A He's yellingfor help.

18 Q But thenyou close distance in that boat, after you

19 had loadeda roundinto the chamber of that shotgun, correct?

20 A Yes, sir.

21 Q You getto about threefeet away from him and you

22 see him. Do youhave to aim thegun?

23 A Yes, sir.

24 Q And you aimed it at him?

25 A Yes, sir. 296 1 Q You pulled the trigger.

2 A Yes, sir.

3 Q He was holding on to that stump, wasn'the?

4 A Yes, sir.

5 Q And then he wasn't?

6 A Right.

7 Q How long did it take you to circle backaround to

8 pull hisnow lifeless body out of the water?

9 A I circled immediately around.

10 Q How did you know where to grab him? It'spitch

11 black; the water's dark.

12 A Because I knew where the stump was.

13 Q It was messy wasn't it?

14 A Yes, sir.

15 Q Did you look to see if there was any blood or any

16 other matter on the stump after you shot him?

17 A No, sir.

18 Q You dragged his lifeless body back to the shore, ran

19 down andgot your truck, didn't you?

20 A Yes, sir.

21 Q Did you just leave his body just layingthere on the

22 shore?

23 A I believe I left it in the water.

24 Q Did you pull it up so it wouldn't driftoff,

25 wouldn'tsink? 297 1 A No. It was very shallow there on the shore. And I

2 didn't want anybody to see it while I was gone.

3 Q Did you look to see if there was any blood or any

4 results of what you had done there as the body just laid?

5 A No. I didn't want to see any of it.

6 Q You didn't look around to see if there was anything,

7 any blood?

8 A He was in the water.

9 Q At some point in time you loaded him in the back of

10 your vehicle on an incline?

11 A At the edge of the water, yes, sir.

12 Q You sped back to Tallahassee, didn't you?

13 A Yes, sir.

14 Q with your best friend in the back of a suburban with

15 nothing covering his body?

16 A Nothing covering it?

17 Q You didn't put anything over his body, did you?

18 A There was a large dog crate in the back of my truck,

19 a plastic dog crate. And I put the top half of his body into

20 the dog crate because I knew he would be bleeding and I didn't

21 want to get blood everywhere if possible. And that's where he

22 was.

23 Q Did you shove your best friend's body into the dog

24 crate while you were at Lake Seminole or did you stop

25 somewhere along the line to make that happen? 1 A That happened at the lake.

2 Q Denise williams had no idea that you shot her

3 husband in the face with a shotgun, did she?

4 A Correct.

5 Q She didn't learn or would not have been able to

6 learn that you shot her husband in the face with a shotgun

7 until after your proffer and testimony became public?

8 A Actually, I tried to tell her about it one day. And

9 she did not want to know the details. She told me that she

10 assumed that, obviously, when his body was never found, that

11 what we had planned did not happen.

12 And that it never made sense to her that I was able

13 to get to the shoreline but he wasn't. But that it was okay.

14 And we were forgiven. And we were like David and Bathsheba

15 and God was going to forgive us. And we didn't have to tell

16 anybody about it. As long as we asked forgiveness from God,

17 it was okay for us not to confess it to anybody else.

18 Q David looked down from the palace to Bathsheba,

19 didn't he?

20 A Yes, sir.

21 Q So you killed uriah?

22 A Yes, sir.

23 Q You coveted Denise the same way that the good King

24 David coveted Bathsheba?

25 A Yes, sir. 299 1 Q That didn't end well for them, did it?

2 A No.

3 Q But to be clear, you never told Denise williams that

4 you shot her husband?

5 A She didn't let me tell her that, no. And I didn't

6 want to tell her that.

7 Q You came back to Tallahassee; you crawled in bed

8 with your wife?

9 A Yes, sir.

10 Q was your left arm still soaking wet from where you

11 had reached into the water to pull Mike's lifeless body out?

12 A I don't remember. I doubt it. I don't know.

13 Q You crawl in bed. How long were you in bed with

14 your wife before you decided to get up and go to wal-Mart.

15 A very briefly. Long enough for me to try to get her

16 to realize that I had overslept and make the phone call to my

17 father-in-law. And I wanted to get out of there as quick as I

18 could before she woke up and started going about the house.

19 Q And it was at that point then you went to wal-Mart

20 to get a tarp and a shovel?

21 A I got a tarp, a shovel and weights.

22 Q And then you took Mike to Carr Lake?

23 A Yes, sir.

24 Q Took him out of the dog carrier that you'd left his

25 body in? 300 1 A Yes, sir.

2 Q You buried him?

3 A Yes, sir.

4 Q You then had to go back to your parents' house, wash

5 the blood out of the back of the truck, didn't you?

6 A Yes, sir.

7 Q were your parents home?

8 A I don't remember. If they were, I was not looking

9 for them. I did not want to run into anybody.

10 Q You had indicated earlier that at some point in time

11 your father, Marcus Winchester, called you and wanted you to

12 go to Lake Seminole with him?

13 A Later that evening.

14 Q Did your father call you from his house or was he

15 already on the way?

16 A I don't know where he was.

17 Q Did you meet up with him and ride together?

18 A I believe we did.

19 Q Where did you get up and ride together from?

20 A I don't remember.

21 Q Could it have been your father's house?

22 A Could have been.

23 Q When you got to Lake Seminole that evening, did you

24 see Scott Dungey.

25 A I don't remember if Scott was there that evening or 301 1 not. I remember Denise's dad was there. I want to say

2 Mr. Martin was there. I don't remember who else was there.

3 Q How many times did you see Scott Dungey at Lake

4 Seminole during the time they were searching for Mike as a

5 missing person?

6 A Scott was probably there every day.

7 Q How many times do you think you saw him?

8 A Thirty to -- I don't know. Probably 30 times.

9 Q You and Scott Dungey went to North Florida Christian

10 together?

11 A He went to school with all of us, yes, sir.

12 Q So he knew who you were?

13 A Yes, sir.

14 Q And you knew who he was?

15 A Yes, sir.

16 Q You saw him about 30 times?

17 A Probably. Yes, sir.

18 Q After you killed Mike, you and your father's agency

19 were the ones that started initiating the process to collect

20 insurance, correct?

21 A I was not in a hurry for that process to start.

22 thought it would look suspicious and kind of wanted things to

23 drag out. It was really my dad that instigated and kind of

24 started that process.

25 Q He dealt directly with the insurance companies? 302 1 A I'm sorry?

2 Q He dealt directly with the insurance companies?

3 A Yes, sir.

4 Q you indicated earlier that you believed it was your

5 father who put Ms. Williams in contact with attorney Curt

6 Hunter?

7 A Yes, sir.

8 Q And all around this time, you're still married to

9 Kathy, aren't you?

10 A Yes, sir.

11 Q In fact, up until September of 2001, you and Kathy

12 are living in the same house, correct?

13 A That sounds about right.

14 Q I believe you also --

15 THE COURT: I didn't say anything.

16 MR. WAY: I'm sorry.

17 THE COURT: Was there something?

18 MR. WAY: I don't know. I heard something.

19 THE COURT: Okay. Anyway. Proceed on.

20 MR. WAY: It's my bad hearing. I apologize, Your

21 Honor.

22 BY MR. WAY:

23 Q Around this time, according to your previous

24 testimony, you indicated that you were also having a

25 relationship with Angela Stafford some time in 2001? 303 1 A I wouldn't term it a relationship. I mean, we had a

2 few incidenceswhere we met up. Hooked up, met up. But, no,

3 I wouldn'tcall it a relationship.

4 Q were these hookups of an intimate nature?

5 A A few of them were.

6 Q So you weren't together with Denise? Youwere still

7 marriedto Kathy and you're also seeing Angela?

8 A Are you asking when that happened?

9 Q well, at least in this time frame I justspoke about

10 around2001; is that a fair statement?

11 A I think Angela was after Kathy and I wereseparated.

12 I wasn'tgoing out partying with Denise and Angelaleaving my

13 wife atthe house. So I think we were separated atthat

14 point.

15 Q You finally got divorced from Kathy on March26,

16 2003. Do you recall that, that final hearing?

17 A Yes, sir.

18 Q Happened right here in this courthouse?

19 A Yes, sir.

20 Q And that was the time where you tried tostop her

21 from goingthrough with the divorce. Do you recallthat?

22 A when?

23 Q At that very hearing on March 26th.

24 A I tried to stop her?

25 Q You sat in the pew -- or the seat one rowbehind her 304 1 and you cried; do you remember that?

2 A I cried, yes, sir. I don't know that that's trying

3 to stop her. But, yes,I cried. I was not happy. I was

4 upset about it.

5 Q But you told her you didn't want to go through with

6 the divorce that day, didn't you?

7 A I don't remember telling her that, no, sir.

8 Q You would just be sitting there crying.

9 You wanted to get back with Kathy Thomas after that

10 divorce was finalized in 2003, didn't you?

11 A I didn't want to get back with Kathy until after

12 Denise and I had the incidences with Chuck Bunker. And I was

13 just done with all of it.

14 And I went to church, like I said yesterday, kind of

15 had a spiritual reawakening. And then over the next, maybe

16 six months or so, became convinced that I needed to try to get

17 back with Kathy. It wasn't something that I really wanted to

18 do. It was something that I felt like I should do. That t

19 was the right thing to do.

20 Q That spiritual reawakening and the right thing to

21 do, that also may cover confessing one's sins, wouldn't it?

22 A Yes, sir. It should.

23 Q You didn't confess the sin of murder to anyone, did

24 you?

25 A No, we haven't. I have. But we haven't. 305 1 Q we'll get to that in a little bit.

2 THE COURT: Mr. Way.

3 Q At one point in time I believe you had indicated

4 that Ms. Thomas had used the term, throw you under the bus, as

5 it related to Denise.

6 A Yes, sir.

7 Q In fact, when you gave your first proffer to the

8 Florida Department of Law Enforcement on October 9, 2017,

9 didn't you use a very similar phrase, throwing someone under

10 the bus?

11 A when i gave my first --

12 Q First statement to law enforcement as part of the

13 proffer.

14 A Right. Did I use that phrase?

15 Q Yeah. Do you recall saying, I don't want to

16 emotionally throw her under the bus?

17 A Yes, sir.

18 Q But in 2017, the bus you were being thrown under was

19 the armed kidnapping bus. That was what you were facing.

20 Those were the charges you were facing in October of 2017,

21 weren't they?

22 A Yes, sir.

23 Q And those charges stemmed from Ms. Williams being

24 the victim?

25 A Yes, sir. 306 1 Q Now, you got to jail on August 5,2016 on the

2 charges of armed kidnapping. But you didn't straight away go

3 to law enforcement and volunteer the details of the Mike

4 williams murder, did you?

5 A Absolutely not.

6 Q In fact, while you were in jail awaiting the

7 resolution of your kidnapping case, you decided you were going

8 to take certain steps to try to frustrate the prosecution of

9 the armed kidnapping case; isn't that true?

10 A Yes, sir. I was desperate to do anything that I

11 possibly could to avoid going to prison.

12 Q And that included obstructing justice, didn't it?

13 A Yes, sir.

14 Q That included approaching an individual named wade

15 wilson and offering to have him paid money to try to influence

16 the outcome of your kidnapping case?

17 A I don't know who approached who initially. But he

18 and I had discussions along those lines, yes, sir.

19 Q was there ever any discussion about paying wade

20 Wilson to kill Denise williams?

21 A Wade brought up the fact that he had been a hitman

22 in his past. I think he was lying. But he did offer to make

23 Denise go away and make other witnesses in the case go away.

24 And I said, don't ever speak to me of that again.

25 Q Okay. So you were drawing the line at having 307 1 witnesses eliminated?

2 A Yes, sir.

3 Q But you were not drawing the line at having witness

4 testimony and other evidence fabricated?

5 A Correct.

6 Q And you talked with other people about helping you

7 fabricate evidence and develop ways to frustrate the

8 prosecution; isn't that true?

9 A Yes, sir.

10 Q Talked to a woman named Kimberly Adams?

11 A Yes, sir.

12 Q In fact, you offered her money to try to help you

13 obstruct justice and witness tamper?

14 A No, sir. I didn't offer her money.

15 Q Did she end up getting money from you or a family

16 member?

17 A I think she got money from my dad. But that was not

18 a quid pro -- pro-- I can't say that. But it was not pay you

19 to do this.

20 Q okay. So her role in helping you obstruct justice

21 and tamper with witnessing, she was going to do that for free?

22 A I don't believe she ever did anything. I just asked

23 her to do things. You know,I don't -- none of the people

24 that I asked to help me out of my situation ended up helping

25 me in any way, so. 1 Q You didn't want to go to prison. You didn't want to

2 pay the consequences for what you had done, did you?

3 A Just like Denise. Right.

4 Q Okay. One of the people that you tried to implicate

5 in this was a Jennifer winchester, correct?

6 A Yes, sir.

7 Q who is Jennifer Winchester?

8 A My sister.

9 Q Is she your only sister?

10 A Yes, sir.

11 Q After the summer of 2017 passed, did you become

12 aware that law enforcement had learned of your arrangement

13 with wade Wilson?

14 A I -- yes, sir.

15 Q And at that point in time, after learning of the

16 arrangement with wade Wilson, that scared you even more than

17 facing just armed kidnapping charges, because now you were

18 tampering with witnesses?

19 A Yes, sir. Lying was just making things worse for

20 me.

21 Q And you knew you were looking at life in prison?

22 A I was already facing life in prison, but --

23 Q It was getting worse?

24 A It was getting worse.

25 Q You had a very -- you had a very firm judge, didn't 309 1 you?

2 A Hangman Hankinson. Yes, sir.

3 Q I'm not going to comment on that.

4 But you knew that -- you knew that things -- your

5 situation, not only from the armed kidnapping, but now with

6 the witness tampering and obstruction of justice, it had

7 gotten worse?

8 A Yes, sir. Lying was making things worse.

9 Q So, in October of 2017, this proffer agreement is

10 negoti ated?

11 A Okay.

12 Q well?

13 A I don't remember the exact dates. But, yes, there

14 was a proffer agreement that came about.

15 Q And to try to help yourself out of the situation

16 that you had put yourself in with the armed kidnapping and

17 with the obstruction of justice, you give to the State

18 information related to where they can find the body of Mike

19 Williams?

20 A I was asked to provide any and all information that

21 I knew about the Mike Williams' case in exchange for the

22 things that you talked about earlier.

23 Q And you got the benefits that we talked about

24 earlier. But you got one more benefit, didn't you? You got

25 the benefit of seeing Denise Williams arrested, locked up and 310 1 brought to trial.

2 A That's not a benefit.

3 Q You got the revenge for her putting you in the same

4 situation, you wanted to put her in?

5 A No, sir. I wouldn't want to put anybody in this

6 situation. She got herself in this situation.

7 Q well, you would put your sister in the situation of

8 tampering with witnesses?

9 A I asked her for help, yes, sir.

10 Q You would put Kim Adams in the situation of

11 tampering with witnesses?

12 A Yes, sir.

13 Q You have a history of trying to plant evidence. You

14 put a fake hat out at the crime scene where you shot Mike

15 Williams in 2001, didn't you?

16 A Yes, sir.

17 Q Mr. Winchester, you're a murderer; isn't it true?

18 A Yes, sir.

19 Q Mr. winchester, you're a liar; isn't it true?

20 A Yes, sir.

21 MR. WAY: I have nothing else, Your Honor.

22 THE COURT: Redirect?

23 MR. FUCHS: Yes, Your Honor.

24 REDIRECT EXAMINATION

25 311 1 BY MR. FUCHS:

2 Q Let's talk about the proffer agreement just a little

3 bit. As it relates to the proffer agreement, you were to give

4 testimony having to do with what happened to Mike williams,

5 correct?

6 A Yes, sir.

7 Q Is t not true, as part of that proffer agreement,

8 that if you lied or found to be perjured in any way, shape or

9 form, that those statements can actually be used against you?

10 A It was made explicitly clear to me, particularly by

11 the five attorneys that I had helping me on my case, that if I

12 decided to go forth and give a proffer and give information

13 about the Mike Williams' case, that I absolutely, positively

14 needed to tell the truth. because if there was any element

15 that was not true of what I came forward and said, then

16 whatever i said could be used against me and the agreement

17 would be null and void, yes, sir.

18 Q And as you mentioned earlier, one of the

19 conditions -- the only condition, really, was -- well, the two

20 conditions is, you get immunity, but also that the State would

21 not be asking for life?

22 A And there would be no information brought up about

23 wade Wilson, yes, sir.

24 Q State asked for 45 years --

25 A Yes, sir. 312 1 Q -- despite that?

2 A Yes, sir.

3 Q You actually got 20 years in Department of

4 Corrections?

5 A Yes, sir.

6 Q Tenyears of whichis a mandatory -minimum, correct?

7 Day forday?

8 A Yes,sir.

9 Q Andthat's notall,is it?

10 A No,sir.

11 Q whatelse is apartof that?

12 A 15years of GPSmonitoredprobation.

13 Q Soeven if youareable to get out of prison, you've

14 got 15 yearsprobation onthebackside of that as well

15 correct?

16 A I think until I'm 80.

17 Q LetTs go back a little bit. You said you separated

18 from Kathy when?

19 A He said in 2001. I'm -- that sounds about right.

20 Q okay. September 2001?

21 A Yes, sir.

22 MR. FUCHS: A little bit out of order number -wise,

23 Your Honor. These are not on the exhibit list. But

24 these are Exhibit No. 18A through F.

25 Your Honor, if I can approach? 313 1 THE COURT: You may.

2 MR. FUCHS: Thank you.

3 BY MR. FUCHS:

4 Q Mr. winchester, I ask you to take a look at those

5 particular items without showing them to the jury, please.

6 A Yes, sir.

7 Q Do you recognize those items?

8 A Yes, sir.

9 Q what do those items appear to be?

10 A Tickets to concerts that Denise and I went to.

11 MR. FUCHS: Your Honor, at this time I would move

12 State's Exhibit No. 18A through F into evidence, please.

13 THE COURT: Is there objection?

14 MR. WAY: No, there isn't, Your Honor.

15 THE COURT: will be admitted.

16 (State's Exhibit No. 18A -F received in evidence.)

17 BY MR. FUCHS:

18 Q The first ticket there -- actually, whatTs the date

19 of that very first one?

20 A The one that was on top is 10/21/99.

21 Q Now, that's prior to Mike's death?

22 A Yes, sir.

23 Q Is that a concert that you went to with Denise?

24 A Yes, sir.

25 Q Mr. way had said something about you being obsessed 314 1 with Denise williams. Is it also true that you keep

2 memorabilia, if you will?

3 A Yes, sir.

4 Q And are those tickets memorabilia?

5 A Yes, sir.

6 Q Mementos of things that you did with Denise?

7 A Yes, sir.

8 Q First one is 1999, what's the date of the second

9 one? That would be B, for the record.

10 A I laid them all out here.

11 Q They're in chronological order, I believe.

12 A But there's one that says July 2001.

13 Q what's the next one?

14 A December 2001.

15 Q The next one?

16 A well, there's two, April 2002.

17 Q And?

18 A September 2002.

19 Q And when is it that you and Denise went public with

20 your relations?

21 A went public with our relationship?

22 Q when y'all started being seen in public?

23 A It was after all of these.

24 Q So all of those are whenever the relationship is

25 still secret that you've kept as a mementos? 315 1 A Yes, sir.

2 MR. FUCHS: Your Honor, the next subject that we're

3 going to go to,I believe we need to discuss a legal

4 issue beforehand.

5 THE COURT: All right. we're about ready for a

6 break. We'll let the jury step out. Take 15 minutes.

7 (Jury exits.)

8 THE COURT: Do we need the witness on the stand or

9 can --

10 MR. FUCHS: I don't believe so.

11 THE COURT: what's that?

12 MR. FUCHS: I don't believe so. No, Your Honor.

13 THE COURT: Everybody be seated, please.

14 MR. WAY: Your Honor, may we approach sidebar with

15 the reporter -- court reporter?

16 THE COURT: we don't have a jury in here.

17 MR. WAY: I understand, Your Honor, but I still --

18 MR. FUCHS: He's thinking about the cameras, I

19 believe.

20 MR. WAY: I would so respectfully request the

21 opportunity.

22 THE COURT: I'm not going to try to avoid the media.

23 MR. FUCHS: Your Honor, the next exhibit that the

24 State intends to show, Mr. Way brought up an issue about

25 whether or not anybody had ever been a witness to any of 316 1 the relations between Mr. winchester and Ms. Williams

2 during the time frame in question.

3 Exhibit No. 18 is a series of photographs that were

4 taken --

5 THE COURT: Eighteen were the concert tickets.

6 MR. FUCHS: ITm sorry. 17.

7 Hold on. Let me make sure I got that right.

8 THE COURT: Seventeen. You've already marked it 17

9 in the back.

10 MR. FUCHS: Yeah, 17. It's a composite 17A through

11 M.

12 THE COURT: On the list you gave me you have 17 as

13 the fanny pack.

14 MR. FUCHS: Yes, sir. I've eliminated that. I'm

15 sorry.

16 THE COURT: Okay.

17 MR. FUCHS: They are a series of photographs that

18 were taken prior to Mike's disappearance in Panama City.

19 The photographs were taken by Brian winchester. They

20 depict Kathy and Denise -- some of which are in

21 compromising situations. And I believe that goes to show

22 that there was, in fact, a witness. And, in fact, the

23 photographs themselves, once dated by Mr. winchester, are

24 a witness.

25 THE COURT: So what time frame is he going to 317 1 indicate these are from?

2 MR. FUCHS: Prior to Mr. williams' death. within

3 the year.

4 THE COURT: And so what do you think this shows?

5 MR. FUCHS: This shows that Ms. Thomas was, in fact,

6 a witness to the relations that were going on. It was

7 actually a three-way situation between all of them.

8 There were extramarital situations going on with

9 Mr. Winchester and Ms. Williams and Mrs. Winchester, at

10 the time, now Ms. Thomas. And the fact that they were,

11 in fact, going on a trip over there and there was someone

12 witnessing it. And the photographs themselves are a

13 witness and memorialize those relations.

14 THE COURT: okay. Defense?

15 MR. WAY: Your Honor --

16 THE COURT: You can have a seat, Mr. Fuchs.

17 MR. WAY: -- I would object on the basis of

18 foundation. The witness was asked -- he named names of

19 people who saw him. He did not name his wife, Kathy

20 Thomas. Additionally, Your Honor, the probative value of

21 those photographs is outweighed by the prejudice. The

22 question is asked are there other witnesses who would

23 know about the relationship. Mr. Winchester can testify

24 to that. Ms. Thomas, who is under subpoena by both the

25 State and the defense, can testify to that. 318 1 Introducing multiple photographs of two women in

2 what may be described as compromising conditions, Your

3 Honor, is highly prejudicial. It does not further the

4 testimony that Kathy Thomas may have been in a hotel in

5 Panama City with Denise Williams in 2000. They would

6 simply be offered to inflame the jury and to appeal to a

7 prurient interest.

8 THE COURT: May I see the exhibits, Mr. Fuchs?

9 MR. FUCHS: Yes, sir.

10 THE COURT: I mean, I'm not seeing anything so

11 extreme about these, Mr. way. I was kind of expecting to

12 see something much worse when I look at these pictures.

13 I don't quite understand how you think this is so

14 extremely prejudicial.

15 MR. WAY: That may be a matter of taste and

16 interpretation, Your Honor. But if they're not -- if the

17 prejudice is not outweighed by the probative value, I

18 would respectfully argue that it's cumulative. I don't

19 think we need to introduce more than one photograph to

20 establish the fact sought to be proved.

21 THE COURT: All right. As to the foundation for

22 their admission, I've not heard that yet. So I'll make

23 no ruling on that. I assume Mr. Winchester can lay a

24 foundation.

25 As to the 403 objection, I overrule that objection. 319 1 There is nothing extremely lurid about the photographs.

2 And it was part of the cross-examination to suggest that

3 there was -- that Mr. winchester's story was untruthful

4 because other persons had not seen him together with

5 Ms. Williams over a period of time. That was a

6 suggestion of the cross-examination. Assuming that

7 Mr. Winchester puts this in a time frame related to that,

8 it seems to me to be relevant. So I'll overrule the

9 objection.

10 we'll take ten minutes.

11 MR. WAY: Your Honor --

12 THE COURT: I'm sorry?

13 MR. WAY: Are you also overruling the objection to

14 the cumulative nature, in terms of the number?

15 THE COURT: Yes.

16 MR. FUCHS: Your Honor, may I approach for the

17 photographs?

18 THE COURT: Yes.

19 we'll be in recess for ten minutes.

20 (A recess was had.)

21 THE COURT: Are we ready for a jury?

22 MR. WAY: One moment, Your Honor.

23 MR. FUCHS: Your Honor, I apologize to the Court.

24 There were additional photographs that for some reason

25 were moved out of that packet that were in question, that 320 1 Your Honor has not seen that, quite frankly, are a little

2 bit more illicit than the ones that you had seen.

3 So it actually has been expanded to A through T.

4 And I think that you're going to need to look at those

5 photographs, please. They're right there in front of

6 you.

7 THE COURT: okay. Everybody have a seat.

8 well, I understand the objection a little bit more

9 now. what had originally been shown to me was, frankly,

10 not very extreme.

11 MR. WAY: May I be heard, Your Honor?

12 THE COURT: Well, let me -- let me kind of sort out

13 here. Just a second.

14 okay. Mr. Way, you can be heard.

15 MR. WAY: Your Honor, and I apologize. I recognize

16 now how foolish my objection was in light of what you

17 were actually looking at. But as it relates to the newer

18 items that were provided, Your Honor, I would again renew

19 my objection under 90.403. I believe the evidence is

20 more prejudicial than probative.

21 And in light of the cumulative nature of the already

22 ruled upon photographs, Your Honor,I would say that

23 they're cumulative. And those particular photos would

24 also be irrelevant, in light of what you've already ruled

25 on. 321 1 So I would respectfully request that the added

2 photos be excluded.

3 THE COURT: Mr. Fuchs?

4 MR. FUCHS: Your Honor, they are relevant.

5 Mr. Winchester has described not only that there was a

6 relationship with Denise Winchester prior to them

7 becoming public in 2003, that it was of a sexual nature.

8 There's questions on cross-examination about whether

9 there were additional witnesses to those. Those

10 photographs memorialize each and every single portion of

11 that. They are of sexual nature and they do show that

12 somebody else is present during them. And

13 Mr. winchester's testimony would predate -- would put it

14 in that time frame.

15 MR. WAY: Your Honor, Mr. Winchester is not in the

16 photographs.

17 THE COURT: Well, that's not entirely correct. He

18 appears to be in one of them. It takes a little bit of

19 probably testimony to confirm that. But 17-T would

20 appear to be a picture in the mirror, which I would

21 assume to be Mr. Winchester taking the pictures. But I

22 guess we'd have to hear him say that. But it's what it

23 would appear.

24 All right. I'm going to sustain the objection as to

25 some of the pictures. I do find that some of them are 322

1 cumulative and unnecessarily prejudicial . Although I

2 find in a large part they're relevant and admissible.

3 I'm going to sustain the objection as to 17-G, 17-3,

4 17-K, 17-L, 17-M, 17-P, 17-Q, 17-R, 17-S.

5 So I'd probably separate these, Madam Clerk, and

6 indicate that I have sustained objection for these. But

7 they need to be part of the record for appellate

8 purposes.

9 THE CLERK: Yes, sir.

10 THE COURT: I'll overrule the defense objection, as

11 I already have to 17-A, B,C,D, E, F, H. And although H

12 is somewhat cumulative, I've allowed that because it

13 shows a picture of a sign of a place, which I think might

14 be of significance. I,N, 0 and T, which would probably

15 be what I would view as the most controversial of these.

16 I've eliminated most of what would be showing what

17 would probably be construed as sexual activity between

18 the two females. And 17-N, I think to some extent that

19 is relevant. I've eliminated most of those pictures.

20 17-0 shows them kissing, which may make the point

21 without it being in such a sexual nature as the other

22 pictures.

23 And 17-T and,I guess, I find that one particularly

24 relevant because you can see in the mirror someone

25 sitting in the chair taking the picture, which I'm kind 323 1 of assuming the testimony -- but I'm assuming

2 Mr. Winchester would say that was him or someone related

3 to the case. So that will be my ruling.

4 MR. FUCHS: Yes, sir. just to make sure we're clear

5 on how I'm going to refer to them. I'm going to refer to

6 them as State's Composite Exhibit 17. And I'm going to

7 leave the letter and numerations out.

8 So that way it's clear whenever which ones came in

9 and which ones aren't when referring to them in front of

10 the jury. But that way the Court's ruling, as far as the

11 numbering and letters, remains rather than renumbering

12 them. Is that okay with the Court?

13 THE COURT: I don't have a problem with that.

14 Mr. Way?

15 MR. WAY: Your Honor, may I be permitted limited

16 recross on the issues raised by the exhibit?

17 THE COURT: You may.

18 MR. WAY: Thank you, Your Honor.

19 MR. FUCHS: Your Honor, we do have one other issue

20 that, quite frankly, needs to be discussed outside of the

21 presence of Mr. Winchester. It has to do with the next

22 witness. I don't know whether you want to -- so that we

23 can move smoothly into that next witness. I don't

24 know --

25 THE COURT: We'll go sidebar after we finish with 324 1 Mr. Winchester.

2 MR. FUCHS: Okay. That will work.

3 Did you remove the photographs?

4 THE COURT: I did. I removed the ones I sustained

5 the objection to.

6 MR. FUCHS: And, Your Honor, I'm going to request to

7 publish these outside of using the overhead because of

8 the sensitive nature. And just handing them to the

9 jurors.

10 THE COURT: Okay.

11 Let's have the jury, please.

12 (Jury enters the courtroom.)

13 THE COURT: All right. Everybody be seated, please.

14 Sorry we had a little delay. Every once in a while

15 i have to earn my money, so we have to discuss a few

16 things outside your presence.

17 You may proceed, Mr. Fuchs.

18 MR. FUCHS: Thank you, Your Honor.

19 BY MR. FUCHS:

20 Q Mr. Winchester --

21 MR. FUCHS: Your Honor, may I approach?

22 THE COURT: You may.

23 MR. FUCHS: May I approach the witness? Thank you.

24 BY MR. FUCHS:

25 Q Showing you what's been previously marked for 325 1 identification purposes as State's Composite Exhibit 17.

2 without showing those to the jury, I ask you to take a look at

3 those items, please.

4 A Yes, sir.

5 Q Do you recognize those photographs?

6 A Yes, sir.

7 Q what are those photographs of?

8 A They're photographs of Denise with my first wife,

9 Kathy, of a sexual nature.

10 Q And where were those photographs taken?

11 A Panama City.

12 Q when was that trip to Panama City?

13 A This particular trip -- I'm just looking to see if

14 this was one trip or two trips here.

15 Q okay. well, then let's talk about that real quick.

16 A Yes, sir.

17 Q Were there multiple trips to Panama City with you,

18 Denise and your first wife, Kathy?

19 A we traveled together to multiple places, Orlando,

20 Colorado, Panama City. Those are the three that I remember

21 offhand.

22 I believe these are all the same trip.

23 Q And when was that?

24 A And I believe this was after Mike's death

25 occurred -- 326 1 Q when?

2 A -- these pictures.

3 Q when was that?

4 A Prior to Kathy and I getting divorced, so it would

5 have been between 2000 and 2001.

6 Q Okay. Prior to you and Denise coming out as having

7 relations? Or having -- having --

8 A A relationship?

9 Q yeah.

10 A Yes, sir.

11 Q okay. You mentioned you and Kathy separated in

12 2001. So would this be prior to the separation?

13 A Actually, as I remember, this is -- one of these

14 pictures shows -- it's a spring break. It was a spring break.

15 So I'm guessing --

16 Q If I were to tell you that they occurred possibly in

17 April or the springtime of 2000, would that sound right?

18 A It was either 2000 or 2001. I can't remember when

19 Kathy and I separated exactly. But it was 2000 or 2001.

20 Q okay. Regardless, they were prior to you and Denise

21 making your relationship public, correct?

22 A Yes, sir.

23 MR. FUCHS: Your Honor, at this time I'd move

24 State's Composite No. 17 into evidence.

25 THE COURT: Any additional objection? 327 1 MR. WAY: No, Your Honor. No additional objection.

2 THE COURT: All right. My ruling will be the same.

3 MR. FUCHS: So when --

4 THE COURT: They'll be admitted.

5 (State's Exhibit No. 17 received in evidence.)

6 MR. FUCHS: ITm sorry.

7 BY MR. FUCHS:

8 Q So whenever earlier you had been asked about

9 multiple people that had seen you prior. Your first wife was

10 a witness as well, was she not?

11 A Yes, sir.

12 Q Photograph No. 17-H depicts a sign that says, Show

13 and Tail. What is that?

14 A It was a strip club in Panama City.

15 Q Is that the one you previously mentioned that

16 someone had seen you coming out of?

17 A Yes, sir. But that was a different occasion.

18 Q okay. Same strip club?

19 A Yes, sir.

20 MR. FUCHS: Your Honor, at this time, I'd request

21 permission to publish to the jury.

22 THE COURT: You may.

23 we're just going to pass these out. You'll have

24 them later to study more carefully. If you'd just look

25 at one, pass it to the next one. we don't have to sit 328 1 here while each of you look through each picture.

2 BY MR. FUCHS:

3 Q Now, Mr. Winchester you were also asked questions

4 about at some point you tried to get back with Kathy.

5 A Yes, sir.

6 Q Did you have the -- did you discuss that with

7 Ms. Williams?

8 A Extensively. Yes, sir.

9 Q And did she appear to agree with that or at least

10 have an understanding about why you were doing that?

11 A Yes, sir. She did.

12 Q And did she not write you a letter expressing that?

13 A I think she did.

14 Q okay.

15 MR. FUCHS: Your Honor, may I approach?

16 THE COURT: You may.

17 BY MR. FUCHS:

18 Q showing you what's been previously marked for

19 identification purposes as State's Composite Exhibit No. 19.

20 Do you recognize that?

21 A Yes, sir.

22 Q what does that appear to be?

23 A It's a letter from Denise.

24 Q Is that the one that -- where you -- she had written

25 you whenever you decided to try and get back with Kathy? 329 1 A Yes, sir.

2 Q Expressing her feelings?

3 A Right.

4 MR. FUCHS: Okay. Your Honor, at this time I'd move

5 State's Exhibit No. 19 into evidence, please.

6 THE COURT: Any objection?

7 MR. WAY: No objection, Your Honor.

8 THE COURT: Be admitted.

9 (State's Exhibit No. 19 received in evidence.)

10 BY MR. FUCHS:

11 Q Mr. Winchester, I'm not going to ask you to read the

12 whole thing because I believe it's 17 pages but I am going to

13 ask you to read the first page and a half, if you will. Just

14 to kind of get a gist of what this is.

15 So, if you could, let's just read down to about --

16 right about here. Okay?

17 A Okay.

18 Q Start with page one.

19 A Ready?

20 Q Yes, sir.

21 A My dear sweet, adorable, beautiful Brian. Yes, this

22 letter is going to be sappy. I'm sitting here on day two

23 still reeling from all of this. I feel every emotion a person

24 can feel all at one time, all the time. There are so many

25 things I wanted to say to you. So many things that I want you 330 1 to know.

2 First of all,I found a present for you for

3 Christmas that I had already bought, so I wanted you to have

4 it. Season two is not out yet.

5 Also, I remember that real frosting was something

6 you really wanted, so I made it for you. I hope you like it.

7 i would have made sugar cookies but did not have them. Keep

8 it in the refrigerator and if it gets a little hard, put a

9 little milk in it. I think I remembered you had some dough in

10 your refrigerator.

11 There are no words that can describe to you how sad

12 I will be on Christmas and New Year's Eve. I will know for

13 sure that what we are doing is right. But I will still miss

14 you and be so sad. Also, on the anniversary, 16th and 17th,

15 will you please pray extra hard for me --

16 I'm sorry. Did I go further?

17 Q That's fine.

18 A -- on those days and please have your parents call

19 me. Most everyone will not even mention it to me and so I

20 know I will need someone to talk to. Thank you.

21 Q The last page of that letter, signed by somebody?

22 A Denise.

23 Q what does it say?

24 A I love you more than ever. Denise.

25 Q And, again, that is in response to you trying to get 331 1 back with Kathy?

2 A Yes, sir.

3 Q There's a date up on the top right-hand corner of

4 the first page. It appears to be kind of torn off, but when

5 was this letter written?

6 A I noticed that when you handed it to me. And it

7 just says wednesday 12/10 -- and I can't make out the last

8 number.

9 Q But that would have been the time frame that you and

10 Denise were trying to get back -- or you were trying to get

11 back with Denise?

12 A with Kathy?

13 Q I mean with Kathy.

14 A Yes, sir.

15 MR. FUCHS: No further questions, Your Honor.

16 THE COURT: All right. I said I'd give you limited

17 cross, Mr. Way.

18 MR. WAY: I'll stay within the areas of just what's

19 been recently introduced, Your Honor.

20 RECROSS - EXAMINATION

21 BY MR. WAY:

22 Q Mr. Winchester, the photographs that you were just

23 shown that have been shown to jury, those photographs appear

24 to show Ms. Williams and your wife, Kathy Winchester. Those

25 are the two woman that are holding hands or hugging each other 332 1 or kissing each other?

2 A Yes, sir.

3 Q Those pictures don't show Ms. williams kissing or

4 hugging you, do they?

5 A Those pictures?

6 Q Those pictures.

7 A I think there was just one where our faces were

8 together, but we weren't being intimate in those pictures.

9 Because I was primarily the person that took the pictures.

10 Q And those pictures don't show you and Kathy being

11 intimate or close?

12 A No.

13 Q And those pictures could have been from spring break

14 of 2001?

15 A It was either 2000 or 2001.

16 Q In the letter that you just read, that could have

17 been -- my understanding of your attempt to reconnect in your

18 marriage with Ms. Thomas, that would have been in 2004,

19 correct?

20 A I'm not sure of the date. I'm sorry. Our divorce

21 was finalized in 2004, I believe. So I think it would have

22 been earlier than that.

23 Q okay.

24 MR. WAY: I have nothing further, Your Honor.

25 THE COURT: Further, Mr. Fuchs? 333 1 MR. FUCHS: No, Your Honor.

2 THE COURT: I did have one thing I thought should be

3 clarified. I'm going to show you 17-T. It appears to be

4 a reflection in the mirror. Shows someone in the mirror

5 taking the picture. Is that you?

6 THE WITNESS: Yes, sir.

7 THE COURT: All right. Any jurors have questions of

8 this witness? All right, write your questions down.

9 we'll go sidebar.

10 (Sidebar had as follows):

11 THE COURT: One juror has three questions. what was

12 the plan when the insurance was to be paid out? Either

13 side have objection?

14 MR. FUCHS: No, Your Honor.

15 MR. WAY: No, Your Honor.

16 THE COURT: And I understand the question is a

17 little bit ambiguous, but that's just the way it reads.

18 second question may clarify it a little bit. were

19 you to gain access to a portion of funds individually?

20 Either side object?

21 MR. FUCHS: No, Your Honor.

22 MR. WAY: No, Your Honor.

23 THE COURT: Was the insurance money set up for the

24 plot or -- Literally says, was the insurance set up for

25 the plot or bonus to the relationship without Mike 334 1 Williams? Either side object?

2 MR. FUCHS: No, Your Honor.

3 MR. WAY: No, Your Honor.

4 THE COURT: Two questions from this juror. It says:

5 Is Brian diagnosed with any psychological or mental

6 disorders?

7 MR. FUCHS: I don't -- I mean, I'll object to that

8 because nobody's made any findings of such, a doctor, as

9 far as we know.

10 THE COURT: I mean, we would just have to ask him

11 has he been -- it's really a question to us, but

12 certainly is not appropriate. But we can ask him whether

13 he's been diagnosed with any psychological or medical

14 disorders.

15 MR. WAY: I'm all for it.

16 THE COURT: What?

17 MR. WAY: I'm all for it.

18 THE COURT: I think what we're going to get into is

19 sex addiction. What's the State's position?

20 MR. FUCHS: State's position is that's not relevant

21 towards the issue at hand, whether or not she is culpable

22 of the homicide. what his mental illness or condition

23 are not relevant for the issue at hand for the jury.

24 THE COURT: You want to be heard first, Mr. Way?

25 MR. WAY: Only, Your Honor, that the theme of the 335 1 case is sex, lies and murder. So,I mean, it's sex and

2 it's mental health. I say -- I think we should ask it.

3 THE COURT: yeah. I don't know where that's going

4 to end up, but I think we'll not go there.

5 The second question: Is he currently or has he ever

6 taken any medications regarding question one? I mean, I

7 guess it would be a fair question, whether he was on any

8 type of psychological medication during the time frame.

9 MR. FUCHS: I don't disagree with that.

10 THE COURT: what?

11 MR. FUCHS: I don't disagree with that.

12 MR. WAY: So you're not going to ask it as it

13 relates back to that one?

14 THE COURT: I mean, if I was going to ask it -- the

15 relevant question would be whether he was on any type of

16 medication --

17 MR. FUCHS: Medication for mental illness.

18 THE COURT: -- medication for mental illness during

19 any of the time in question.

20 MR. WAY: I don't object to it.

21 THE COURT: So let me write it out so I'm not doing

22 it off the top. Was he on medication for mental illness

23 during any of the times for which you have testified?

24 You all in agreement?

25 MR. WAY: Yes, Your Honor. 336 1 MR. FUCHS: Then the follow-up of when that would

2 be, if he answered in the affirmative.

3 THE COURT: I'll let you do that if he says that.

4 The next question is: How many threesomes took place?

5 The date of the first threesome and the last threesome.

6 Did he ever participate in group sex? Either side

7 object?

8 MR. FUCHS: No, sir.

9 MR. WAY: I mean, I'll object on relevance grounds.

10 MR. FUCHS: I don't have a problem with that. Just

11 ask if he participated in the threesome in the pictures

12 taken, the photographs. That way we make it relevant to

13 the testimony that's already come out.

14 THE COURT: Say that again.

15 MR. FUCHS: I don't have a problem with his

16 objection to question No. 3. I would rephrase that to,

17 did Mike ever participate in the threesome when the

18 photographs occurred?

19 MR. WAY: May I be heard?

20 THE COURT: Yeah.

21 MR. WAY: The relevance is very minimal because the

22 witness can't identify whether that would -- how is it

23 relevant to the three counts that she's charged with? If

24 he testified it could have been spring break of 2001,

25 that's outside your window for accessory after the fact. 337 1 Outside the window for principal. It's outside the

2 window for conspiracy.

3 So she may have had sexual relations with Kathy

4 Aldridge in 2001. I'm not sure what the relevance of

5 that is as it related to him, if he took the picture.

6 He's not in the picture.

7 MR. FUCHS: ITm impartial.

8 THE COURT: I think we need to clear the dates up.

9 He's not very clear on when these things happened.

10 That's not going to get clearer by asking any further.

11 Okay.

12 (Sidebar concluded.)

13 THE COURT: Mr. winchester, were you on medication

14 for any type of mental disorder during any of the times

15 for which you have testified?

16 THE WITNESS: No, sir.

17 THE COURT: As to the insurance proceeds, was there

18 a plan as to when the insurance proceeds would be paid

19 out between you and Ms. Williams?

20 THE WITNESS: I'm not sure by the question if

21 they're asking initially when it would be paid out, or

22 when, possibly, I was expecting to receive any benefit.

23 But the --

24 THE COURT: Let's go to that question. Because

25 there are a couple of followup questions that maybe 338 1 clarify what's being asked and may clarify that. And I

2 think the juror is positing before the murder occurred,

3 your plan and discussions. And was there a plan for you

4 to gain access to or a portion of the insurance funds

5 individually?

6 THE WITNESS: No, sir. All of the -- Denise was the

7 beneficiary -- the only beneficiary in all the policies,

8 as well as all their personal assets as well as his

9 social security. I mean, in total it was about

10 2.25 million dollars that she stood to receive in total.

11 i was not the beneficiary on any of it. But, of

12 course, we knew -- I knew, we knew, that eventually, when

13 we ended up together, that I would secondhand benefit, I

14 guess you could say. But I didn't have any direct

15 benefit or legal entitlement to any of the money. And

16 even when we got married Denise kept the vast majority of

17 her assets in her name.

18 THE COURT: And there had been no discussion to the

19 contrary? In other words, y'all hadn't -- I know what

20 the legal papers say, but in terms of y'all discussing a

21 plan other than that, there was no discussion of that?

22 THE WITNESS: Correct.

23 THE COURT: Was the insurance money an incentive for

24 the plot or simply a bonus to the relationship without

25 Mr. Williams? 339 1 THE WITNESS: I think I would characterize it as a

2 bonus. we wanted to be together, you know, either way.

3 And the thing that we always joked about was, you know,

4 we were together with each other because we wanted to be

5 but the money was just the icing on the cake.

6 THE COURT: Followup, Mr. Fuchs?

7 FURTHER EXAMINATION

8 BY MR. FUCHS:

9 Q Mr. Winchester, you say that money was bonus, icing

10 on the cake to you, correct?

11 A To both of us.

12 Q As your understanding is, it was icing on the cake,

13 a bonus, correct?

14 A I'm sorry. I don't understand the question.

15 Q The question was asked whether or not the money was

16 a bonus to y'all being together?

17 A Right.

18 Q That's from your perspective, correct?

19 A Yes, sir.

20 Q Okay. Not from Denise's perspective?

21 A Right.

22 Q For all you know, that was the primary goal and she

23 utilized you to get the money?

24 A Could have been. I don't feel that was the

25 motivation. But, could have been, yes, sir. 1 Q And, in fact, after his killing, she limited her

2 contact with you and actually was dating other men, was she

3 not?

4 A Yes, sir.

5 MR. FUCHS: No further questions.

6 THE COURT: Followup?

7 MR. WAY: No, Your Honor. No questions.

8 THE COURT: All right. You can step down.

9 All right. We'll go sidebar.

10 (Sidebar had as follows):

11 THE COURT: So y'all wanted to be heard sidebar

12 before the next witness?

13 MR. FUCHS: Yes, Your Honor. At this point the

14 State is intending to call Dr. Mnookin. Dr. Mnookin is

15 an individual who, prior to Brian Winchester being

16 arrested, they met for lunch. At which time Brian

17 Winchester told him that he was concerned -- it was after

18 the incident but before the arrest -- Brian Winchester

19 told him that he was concerned that Denise would go to

20 law enforcement and tell them about a murder that

21 occurred many years before that they were involved in.

22 And I'm, obviously, paraphrasing to a degree.

23 The argument is that Mr. Way, during his

24 cross-examination, made the allegation that this was

25 fabricated for purposes of revenge for him being arrested 341 1 and things of that nature. Dr. Mnookin's testimony would

2 be a statement that was made prior to the arrest and,

3 therefore, would be a prior consistent statement,

4 according to Florida Rules of Procedure.

5 THE COURT: Mr. way?

6 MR. WAY: Your Honor, it's hearsay without

7 exception. And certainly a statement trying to bring in

8 and offer for the truth of the matter asserted to a

9 material fact in this case. I did not hear any testimony

10 from the witness that he had told anyone -- in fact, I

11 think when he was asked did he ever tell anybody about

12 this murder, and he said he didn't. I think the question

13 fell within -- both yesterday and today about confessing.

14 That the witness was really clear in his testimony he

15 didn't tell anyone.

16 So, one, it's hearsay. Two, I don't think there's

17 proper foundation for this witness to testify as to

18 something another witness says he told him.

19 THE COURT: I think I heard this doctor's testimony

20 in hearings in the Winchester Case. This was a

21 conversation between Mr. Winchester and the doctor,

22 correct?

23 MR. FUCHS: Yes, sir.

24 THE COURT: I previously made a ruling it was not as

25 part of a professional relationship? 342 1 MR. FUCHS: Correct.

2 THE COURT: So you made argument that Mr. winchester

3 made these statements for purposes of cutting a deal

4 How is this not a prior consistent statement to rebut

5 that claim of recent fabrication, Mr. way?

6 MR. WAY: well, Your Honor, we don't know exactly

7 what statement it's supporting. Hers saying that he

8 wanted to talk to someone about a murder that happened.

9 I don't know what he's going to say about Denise

10 Williams.

11 He testified in this case,I believe -- I mean, I

12 don't know much about the kidnapping because I wasn't

13 involved in that. But I don't know how it gets from

14 Winchester to Mnookin to relevant to my client.

15 THE COURT: Well, the relevance is it's showing that

16 Mr. Winchester has previously indicated that he has

17 concerns Ms. Williams could implicate him in a murder.

18 That certainly could be relevant to what the jury's

19 consideration is to rebut a claim that Mr. Winchester

20 made all this up after he was arrested.

21 MR. WAY: In your ruling did you find there was no

22 attorney -- or no patient privilege?

23 THE COURT: Right.

24 MR. WAY: was it ever asked why Mr. Mnookin never

25 went to law enforcement with the statement about the 343 1 murder? Or did he?

2 MR. FUCHS: I'm sorry?

3 MR. WAY: Did Dr. Mnookin go forward and tell law

4 enforcement about the murder?

5 MR. FUCHS: Yes. And you have a copy of that report

6 in your discovery.

7 MR. WAY: okay.

8 THE COURT: Right. The issue is whether it was

9 privileged, is what I was hearing. I found it was not

10 privileged. But he did pass on the information. I don't

11 remember exactly how it was passed on, but it was part of

12 the evidence against Mr. Winchester in the kidnapping

13 case. Anyway --

14 MR. WAY: Yes, sir.

15 THE COURT: So Vm going to overrule the objection.

16 MR. WAY: Yes, sir.

17 (Sidebar concluded.)

18 THE COURT: Call your next witness, please.

19 MR. FUCHS: Your Honor, State would call

20 Dr. Mnookin.

21 THE COURT: Come on up here, please, sir. If you'd

22 face the clerk and be sworn.

23 Whereupon,

24 DR. STEPHEN MNOOKIN,

25 was called as a witness, having been first duly sworn, was 344 1 examined and testified as follows:

2 THE COURT: Have a seat. Slide up to the

3 microphone, please, sir.

4 You may proceed.

5 DIRECT EXAMINATION

6 BY MR. ROGERS:

7 Q Doctor, can you please introduce yourself to the

8 jury?

9 A Stephen Charles Mnookin.

10 THE COURT: You don't need to get right on that

11 microphone.

12 THE WITNESS: I saw that.

13 THE COURT: In fact, you may want to push it back

14 just a hair.

15 THE WITNESS: I am loud.

16 BY MR. ROGERS:

17 Q Can you spell your last name for us?

18 A It's M as in Mary, N as in Nancy, 0 -0 -K -I -N.

19 Q And do you know Brian Winchester?

20 A Yes, I do.

21 Q How many years have you known Brian Winchester?

22 A I've known him since about 2004. So, 14 years.

23 Q were you friends or acquaintances? How would you

24 describe --

25 A we were friends. 345 1 Q Did Brian winchester approach you in August of 2016?

2 A Yes.

3 Q what did he approach you about?

4 A He called me on the morning of August -- it was a

5 Friday. I think it was the 5th. And said that he hit a new

6 low and wanted to talk to me over lunch.

7 Q Did you meet with him for lunch?

8 A Yes, I did.

9 Q And did he describe a -- what was later charged as a

10 kidnapping of Denise Williams?

11 A Yes.

12 Q And he described that in detail?

13 A Yes.

14 Q And you eventually came forward to law enforcement

15 with that, correct?

16 A Yes. Correct.

17 Q Did he indicate to you at lunch what was the

18 catalyst for him performing that criminal act, that

19 kidnapping?

20 A He said that on the night -- on Thursday night, the

21 night before, the police came to his house and said that they

22 had been talking to Denise. And once Denise gets divorced,

23 she is going to talk to the police about what really happened

24 to Mike Williams.

25 Q Okay. And what did that mean to Brian Winchester? 346 1 what did he --

2 A well, he -- it made him very nervous. And he really

3 wanted to talk to her about it. And he kept calling her but

4 she wouldn't answer. So he decided the best way to talk to

5 her would be to kidnap her.

6 Q When you met at lunch that day, this was before he

7 was arrested?

8 A Correct.

9 Q And have you seen him outside the courtroom since he

10 was arrested?

11 A No.

12 Q So at that lunch Brian Winchester indicated to you

13 that Denise Williams was aware of something going on with the

14 disappearance of Mike Williams?

15 A Yes.

16 Q And that that prompted him to kidnap her?

17 A Yes.

18 Q So they could discuss it further?

19 A Yes.

20 MR. ROGERS: I'll pass the witness.

21 THE COURT: Cross?

22 CROSS- EXAMINATION

23 BY MR. WAY:

24 Q Dr. Mnookin, what police officers came to talk to

25 Mr. Winchester? 347 1 A I don't know.

2 Q Do you know if, in fact, that actually happened,

3 that police came and talked to him?

4 A No,I don't.

5 Q And you testified that Mr. winchester's revelation

6 to you was, the best way to talk to Denise would be to kidnap

7 her?

8 A That's what he said, yes.

9 Q Did he tell you he kidnapped her at gunpoint?

10 A Yep.

11 MR. WAY: Nothing further.

12 THE COURT: Redirect?

13 MR. ROGERS: Nothing, Judge.

14 THE COURT: All right. Any juror have a question of

15 this witness?

16 (No audible response.)

17 THE COURT: All right. If not, you may step down.

18 Do we need to keep him further?

19 MR. FUCHS: Not from the State.

20 THE COURT: Need him for any reason, Mr. Way?

21 MR. WAY: Your Honor, Mr. Fuchs and I have a

22 stipulation as to -- we don't need him. I'm sorry.

23 THE COURT: Let's talk about this witness.

24 You're excused.

25 THE WITNESS: Thank you. 1 THE COURT: Thank you for being here.

2 MR. WAY: Jumping ahead, Judge.

3 THE COURT: Okay. Mr. Way.

4 MR. WAY: Your Honor, the State and the defense have

5 reached a stipulation to the introduction of what has

6 been marked as Defendant's Exhibit 1. it is a proffer

7 agreement. May I approach, Your Honor?

8 THE COURT: You may.

9 MR. WAY: It was to be introduced through

10 Mr. Jansen, who is on both witness lists. And we have

11 agreed we will introduce that exhibit and we can excuse

12 Mr. Jansen.

13 THE COURT: Because I've told you a number of times

14 what the attorneys say is not evidence, of course, in

15 all legal things we have to have exceptions. There are

16 exceptions when the attorneys agree that facts are a

17 certain way. We encourage attorneys to get together and

18 stipulate to things. That saves your time and my time in

19 knowing it's uncontested.

20 So when the parties agree that certain facts are

21 true, that is called a stipulation of fact. You must

22 accept stipulated facts as having been proven. However,

23 the significance of these facts, as with all facts, is

24 for you to decide.

25 In the case the stipulated facts between the parties 349 1 is that Defense Exhibit 1 is the agreement between the

2 State of Florida and Mr. winchester. Is that the

3 stipulation of the parties?

4 MR. FUCHS: That is correct, Your Honor.

5 MR. WAY: That is correct, Your Honor.

6 THE COURT: All right. It will be accepted and

7 admitted as Defense Exhibit 1.

8 (Defense Exhibit No.1 received in evidence.)

9 THE COURT: All right. Your next witness,

10 Mr. Fuchs.

11 MR. FUCHS: Your Honor, at this time the State would

12 call Howard Drew.

13 THE COURT: All right. If you'd face the clerk and

14 be sworn, please, sir.

15 whereupon,

16 HOWARD DREW,

17 was called as a witness, having been first duly sworn, was

18 examined and testified as follows:

19 THE COURT: Have a seat. Slide up to the

20 microphone, please, sir.

21 DIRECT EXAMINATION

22 BY MR. FUCHS:

23 Q Good morning, sir.

24 A Good morning.

25 Q Can you please introduce yourself to the jurors? 350 1 A My name's Howard Drew.

2 Q And, Mr. Drew, do you live in the Tallahassee Area?

3 A Yes, I do.

4 Q And how long have you lived here?

5 A Oh, for the last 30 years.

6 Q Over that time period, did you know someone by the

7 name of Mike Williams?

8 A i did.

9 Q How did you initially meet Mike Williams?

10 A His mother requested that I talk to him about -- he

11 was very interested in hunting. So that's -- we met before

12 then but -- because she was my daughter's babysitter. So I'd

13 see Mike off and on for quite a while.

14 Q okay. When you say hunting, what kind of hunting

15 were you initially talking to him about?

16 A well, I tried to talk him into deer hunting. But I

17 made the mistake of carrying him duck hunting and he just went

18 crazy. I told him duck hunters wasn't very sane because they

19 always went out in freezing cold weather, you know, and sit in

20 a boat. At least deer hunting you could sit in a stand.

21 Q okay. Whenever he went crazy over the duck hunting,

22 did that cause you any concerns, I guess -- let me back up.

23 When you say you're teaching him about hunting and

24 things along those lines, are you also teaching him safety

25 procedures and things along those lines? 351 1 A Yes, sir. I told Mike before I carried him hunting

2 he had to complete the Hunter's Safety Course. And me and his

3 dad -- his dad -- I can't believe Mike really was interested

4 in hunting because no one in his family, that I know of,

5 hunts.

6 But, anyway, his dad rode down each evening. I

7 think we went two nights a week. And then had the Saturday

8 training session down at the shooting range and he completed

9 the course. So I was pretty well locked in then, you know?

10 Q Yes, sir. Did you also teach him -- initially were

11 you -- was he more -- or were you trying to teach him duck

12 hunting or deer hunting?

13 A I was trying to teach him duck hunting. I mean,

14 deer hunting. But he was more into duck hunting. So we went

15 to Lake lamonia one morning. And it was plenty of ducks,

16 which is -- i was hoping for just a cold, freezing morning and

17 no ducks and that might discourage him. But it just turned

18 out the other way, you know.

19 But I was somewhat concerned with the duck hunting

20 because you're out on the water. I know deer hunting you can

21 fall out of a tree stand. But I just was a little negative on

22 the duck hunting. But he continued on.

23 Q okay. Now, as I understand it, duck hunters

24 occasionally wear waders in order to do so.

25 A That's true. 352 1 Q And at some point did Mike inform you that he had

2 been -- he was going to purchase a pair of waders and he was

3 going to start doing duck hunting in waders?

4 A He called me one afternoon and told me to come over

5 and look at his new waders he had. And I said, oh, Mike, I'll

6 be over in a few minutes. Because, to me, that was very

7 serious. You know, many a good man and woman went to the

8 bottom in a pair of waders.

9 Q why is that?

10 A well, they fill up -- if you fall in the water, the

11 old ones didn't have -- they're not the Neoprene

12 tight -fighting jobs. You know, the old ones were kind of

13 baggie. And once you went over and the water started getting

14 in and most people panic and beat around. And pretty soon

15 you're full of water and you go to the bottom and that's it.

16 Q And you had been asked by Ms. Cheryl how to teach

17 him how to do this hunt safely, correct?

18 A oh, yes. See, Cheryl was a big pressure. I would

19 have rather carried my own child out than her son.

20 But, anyway, when Mike told me he had a pair of

21 waders, I rushed right on over. So when I got there I said,

22 Mike, I said, listen, the waders are great. I said, I can see

23 you right now, you can push your boat out and wade out and

24 ease into it and not have to try to push off the shore and

25 that kind of stuff. 353 1 But I said, You must remember with waders there's a

2 couple of things you've got to remember. I said, One, it is

3 if your boat turns over or you stand up to shoot at a duck and

4 the recoil from the shotgun knocks you backwards, you cannot

5 panic. I said, Don't worry about your shotgun. You can go

6 back and look for it later. I said, Worry about staying calm,

7 getting a breath of air before you go down.

8 And I said, On the way down or whatever, I said,

9 you'll feel the cold water during the wintertime. But I said,

10 Just be as calm as you can, unclip your waders, the straps,

11 and get them off. And I said, Normally you're not in too deep

12 a water for when you're duck hunting. I said, You can always

13 kick off the bottom, get you another breath of air. And I

14 said, Go down and then start working them off. I said, You

15 can even be like a porpoise, kind of like flipping with your

16 feet and swimming as hard as you can. I said, Because the

17 important thing is to get a breath of air, stay calm and work

18 those things off.

19 So he said, well, can we try it? And I said sure.

20 I said, I'll do you one better than my daddy did me. I said,

21 I won't carry you down to the pond. we didn't have a swimming

22 pool. I said, But you got a swimming pool, man. I said, Go

23 in and put a pair of slacks on just like you would go hunt in,

24 except maybe the coat. I said, You don't have to put a coat

25 on. Because, as best I remember, it was still in the warmer 354 1 part of the year, July, August, somewhere along in there.

2 And we just had -- I started him out in the shallow

3 end of the pool because I really didn't want to have to jump

4 in and try to pull him out. But we worked on it and he was a

5 good student. In fact,I made him, at the end of it, go up on

6 the diving board and dive off. And he did everything fine.

7 was surprised.

8 He was always an easy learner in anything I worked

9 with him. So we did it two or three times and --

10 Q So, as I understand it, you taught him about -- this

11 stuff that's going on in the pool, he's wearing waders at this

12 time?

13 A oh, yes. Yes, sir. And we probably worked two or

14 three hours there that afternoon. And I went over one other

15 time and I told him to practice in the shallow end. I said,

16 don't have your mother call me and tell me you drowned in the

17 deep part of the thing because you hit your head on the diving

18 board or something on the way down. But I said, you know,

19 Feel comfortable because practice makes perfect.

20 Q So, to your knowledge, Mike Williams regularly

21 practiced to get out of those waders?

22 A I know he did. Because the one thing Mike was, he

23 was honest. I told him that would soon disappear because

24 hunters and fishermen always had to lie a little bit about how

25 long the fish was, how big the deer was or how many ducks they 355 1 killed. But he told me -- I called him a couple of times, I

2 said, Bud, you still practicing? He said, I feel very

3 comfortable with it, Mr. Howard. I said okay.

4 Q you mentioned earlier about -- a little bit about

5 the steps to take off, popping the straps off.

6 A Right.

7 Q The first step would be to take the straps off?

8 A Right.

9 Q Then what happened?

10 A And then work the bib part of it off. And then

11 you're down to your waist, you know. And I always told Mike

12 to, you know, try to work one leg out if it was possible and

13 then the other leg. But you get one leg out, you can do a lot

14 of swimming surprisingly. I said, You'll do a lot more than

15 you think you can do when your life's on the line.

16 Q I have no further questions. Thank you.

17 THE COURT: Cross?

18 MR. WAY: No questions, Your Honor.

19 THE COURT: All right. Any juror have a question of

20 this witness?

21 (No audible response.)

22 THE COURT: All right. You can step down.

23 Do we need to keep him any further?

24 MR. WAY: No, Your Honor.

25 MR. FUCHS: No, Your Honor. 356 1 THE COURT: You're excused. Thanks for being here.

2 You're free to go.

3 Call your next witness.

4 MR. FUCHS: Your Honor, at this time the State would

5 call Lindsay Lockhart.

6 THE COURT: Come on up here, please, ma'am. If

7 you'd face the clerk and be sworn, please.

8 THE CLERK: Raise your right hand.

9 whereupon,

10 LINDSAY LOCKHART,

11 was called as a witness, having been first duly sworn, was

12 examined and testified as follows:

13 THE COURT: Have a seat. Slide up to the

14 microphone, please, ma'am.

15 DIRECT EXAMINATION

16 BY MR. FUCHS:

17 Q Good morning, ma'am.

18 A Good morning.

19 Q Can you please introduce yourself to the jurors.

20 A I'm Lindsay Lockhart.

21 Q And Ms. Lockhart, I understand that you're -- if you

22 could please spell your first and last name for Madam

23 Reporter?

24 A Okay. It's L -I -N -D -S -A -Y, L -O -C -K -H -A -R -T.

25 Q Okay. And my understanding is your maiden name is 357 1 Ketch urn?

2 A Yes.

3 Q And you're related to Clay Ketchurn and Patti

4 Ketch urn?

5 A larn.

6 Q And Brett Ketchum.

7 A I'm Clay and Patti's daughter and Brett's sister.

8 Q Okay. How long -- do you live in Tallahassee now?

9 A Idonot.

10 Q Have you ever lived in Tallahassee?

11 A i did.

12 Q when did you live in Tallahassee?

13 A I lived here rny whole life. From the tirne I was

14 born until 2011.

15 Q And during that time period did you have an

16 opportunity to know someone by the name of Mike Williams?

17 A Absolutely.

18 Q How did you know Mike williams?

19 A Mike started working for my dad when I was in -- I

20 think I was in the sixth grade.

21 Q Okay. And did you go up to your dad's business and

22 that's how you knew him? Or how did you actually know hirn?

23 A Yeah. I -- my dad's business is a small

24 family -owned business. So I was up there quite a bit

25 answering phones and filing. And then I actually started 358 1 working for him on and off just throughout my whole childhood

2 and adolescence up. And even into college I worked there on

3 and off. So I got to know Mike really well.

4 Q All in all , how long did you know Mike?

5 A I knew him from the sixth grade until the day I

6 graduated from FSU.

7 Q Because you knew Mike, did you know Denise?

8 A Yes.

9 Q Okay. How did you know Denise?

10 A Because she was married to Mike. And, like I said,

11 it was a small family business so we did things together.

12 Q was there a lot of interaction between, I guess, the

13 family business, yourself, Mr. and Mrs. Williams?

14 A Yes.

15 Q Did you also know Brian Winchester?

16 A I did.

17 Q How did you know Brian Winchester?

18 A Because he was best friends with Mike.

19 Q Did y'all ever go out together on occasions and

20 things like that?

21 A We did. when i was in college and a little older we

22 went out a few times.

23 Q When you say going out, what are you talking about?

24 A We went to happy hour a few times and we went to a

25 concert together. 359 1 Q That concert you're talking about, what concert was

2 that?

3 A It was Sister Hazel at Floyd's.

4 Q And what is Floyd's?

5 A It was a bar on Tennessee Street.

6 Q Okay. was that over by the Florida State University

7 campus?

8 A Yes.

9 Q And what is Sister Hazel?

10 A A band from Gainesville.

11 Q okay. So you went and saw the band, Sister Hazel,

12 at Floyd's, which is -- I guess it's part of the Tennessee

13 Strip; is that right?

14 A Correct.

15 Q Okay. And when was that concert?

16 A I believe it was in the fall of 1997.

17 Q Who all went to that concert? was it a group of

18 y'all that went or just you?

19 A It was a group up of us. It was myself, Angela

20 Stafford, Denise, Brian and Mike.

21 Q what about Kathy, Brian's wife?

22 A She wasn't there.

23 Q when y'all went out to this concert, were y'all

24 having a good time?

25 A Yeah, I would say so. 1 Q Did -- was there anything that stood out to you as

2 being odd at that concert?

3 A Yes.

4 Q what is that?

5 A I remember at one point myself, Mike and Angela were

6 at the bar and I looked over and saw Brian and Denise

7 together. And Brian was standing behind Denise with his arms

8 around her waist. And it struck me as very odd because Mike

9 was married to Denise.

10 Q Did Mike see that?

11 A I don't know how he would not have seen it.

12 Q And what was your reaction?

13 A Discomfort.

14 Q what happened next?

15 A I don't remember specifics about anything happening.

16 I do know the next day I told -- my parents asked me how the

17 concert was. And I said, the concert was fine, but if I

18 didn't know any better I would have thought Brian was married

19 to Denise and not Mike.

20 Q Mike was there with you, obviously?

21 A uh-huh.

22 Q was Mike a drinker on normal night?

23 A Not typically. But he was that night.

24 Q That night he drank more than normal?

25 A More than I had seen him drink in the past. And he 361 1 was concerned that I would tell my dad that he was drinking

2 that much.

3 Q The interaction you said thatyou saw Brian standing

4 behind Denisewith hisarms around her --

5 A uh-huh.

6 Q -- did that-- obviously, you-- I assume you've

7 been inrelations withpeople before?

8 A uh-huh.

9 Q You've had friendsthat are inrelation --

10 THE COURT: It would help thislady if you would say

11 yesor no ratherthan uh-huh or ugh-ugh.

12 THE WITNESS: oh, I'm sorry. okay.

13 THE COURT: She's trying to takedown what you say.

14 BY MR. FUCHS:

15 Q You've had friends that are in relations with

16 people?

17 A Yes.

18 Q Dating type of relations?

19 A Yes.

20 Q And you've had friends that are in friendly type of

21 rel ati ons?

22 A Yes.

23 Q You've seen them interact over those time periods?

24 A Yes.

25 Q The way in which Ms. Denise Williams and Mike -- 362 1 Brian winchester were on that evening when you saw them in

2 that situation, how would you categorize that?

3 A It was -- it seemed like a new love. Like a

4 boyfriend -girlfriend type position they were in.

5 Q A familiarity, if you will?

6 A Yes.

7 Q Familiar with each other?

8 A Very.

9 Q More than friends?

10 A very much so.

11 Q Do you see Ms. Denise Williams here in the courtroom

12 today?

13 A Ido.

14 Q Could you please point to her and indicate an

15 article of clothing she's wearing?

16 A A gray sweater.

17 Q And that is the person you saw in that situation

18 with Brian Winchester, correct?

19 A Itis.

20 MR. FUCHS: No further questions.

21 THE COURT: Cross.

22 CROSS- EXAMINATION

23 BY MR. WAY:

24 Q Ms. Lockhart, this concert was 21 years ago?

25 A Yes. 363 1 Q And you remember you were standing at the bar in a

2 Floyd's music store with Mike williams and Angela Stafford?

3 A Correct.

4 Q And you looked out across the dance floor and you

5 saw Brian Winchester standing suggestively behind Denise

6 Williams?

7 A I wouldn't say it was across the dance floor.

8 Q How far away was it?

9 A Ten feet.

10 Q okay. How long did it take for Mike to get over

11 there and punch Brian in the face?

12 A It didn't happen.

13 Q All right, well, how long did it take for Mike to

14 get over there and confront Brian about dancing with his wife

15 or hugging on his wife?

16 A It didn't happen.

17 Q What do you mean it didn't happen? Mike never --

18 didn't do anything?

19 A No, sir.

20 Q well, did Mike say anything after he left the bar

21 and left you guys behind?

22 A Not to me.

23 Q How did you leave Floyd's music store?

24 A I don't recall.

25 Q How did you get there? 364 1 A I don't recall.

2 Q Because you don't know if you were in a car together

3 with these individuals and then left together?

4 A I believe Angela and I rode together.

5 Q The next day when you went into work, Mike was

6 there?

7 A I believe the next day was a Sunday.

8 Q Do you know when you went in on Monday was Mike

9 there?

10 A I'm not even sure if I was still working at Ketchum

11 at the time.

12 Q when -- after you saw this event that is clear in

13 your mind today, when was the next time you talked with Mike

14 williams about it?

15 A I never talked with him about it.

16 Q Okay.

17 MR. WAY: Nothing else, Your Honor.

18 THE COURT: Redirect?

19 REDIRECT EXAMINATION

20 BY MR. FUCHS:

21 Q Ms. Lockhart, was Mike a person -- a private person?

22 A Absolutely. very.

23 Q Not one that would normally talk about personal

24 matters with you?

25 A Correct. 365 1 Q So it's not odd that you didn't -- that he didn't

2 discuss this with you, correct?

3 A No.

4 Q walk over and punch Brian in the face, is that

5 typical of what Mike would do?

6 A Not at all.

7 Q you mentioned the drinking. He's not a heavy

8 drinker, but on that evening he drank a lot more than normal,

9 correct?

10 A Correct.

11 Q Because of what he saw?

12 A I assume.

13 Q No further questions.

14 THE COURT: Any juror have a question of this

15 witness?

16 (No audible response.)

17 THE COURT: All right. You can step down.

18 Do we need to keep her any further?

19 MR. FUCHS: No, Your Honor -- actually, she'll be

20 retained. She can go about her business, but --

21 THE COURT: Okay. You'll be on call. Remain under

22 the Rule of Sequestration.

23 Call your next witness.

24 MR. FUCHS: Yes, sir. At this time the State would

25 call Angela Stafford. 366 1 THE COURT: Y'all doing okay? You need a break?

2 Can we get another witness in? we're good. All right.

3 If at any point you need a break, just raise your hand.

4 You need a break? All right. Let's take a break.

5 we'll take 15 minutes.

6 (Jury exits.)

7 THE COURT: Either side need anything?

8 MR. FUCHS: No, Your Honor.

9 MR. WAY: No, Your Honor.

10 (A recess was had.)

11 THE COURT: All right. Let's have the jury, please.

12 (Jury enters.)

13 THE COURT: Everybody be seated, please.

14 You may proceed, Mr. Fuchs.

15 Ma'am, if you would stand and face the clerk,

16 please. Raise your right hand.

17 whereupon,

18 ANGELA STAFFORD,

19 was called as a witness, having been first duly sworn, was

20 examined and testified as follows:

21 THE COURT: All right. Have a seat and slide up to

22 the microphone, please, ma'am.

23 MR. FUCHS: And if you need to you can pull that

24 microphone down on you too. So that way we can --

25 THE COURT: Don't get her too close to it. Most of 367 1 these witnesses are getting way too close to it,

2 Mr. Fuchs.

3 MR. FUCHS: Yes, sir.

4 THE COURT: All right.

5 DIRECT EXAMINATION

6 BY MR. FUCHS:

7 Q Good morning.

8 A Good morning.

9 Q Can you please introduce yourself to the jury?

10 A Angela Stafford.

11 Q Okay. Ms. Stafford, do you live here in

12 Tallahassee, Florida?

13 A No.

14 Q Have you ever lived in Tallahassee, Florida?

15 A Yes.

16 Q when did you live in Tallahassee, Florida?

17 A Ninety-five through ninety-eight.

18 Q okay. During that time period, did you happen to

19 know someone by the name of Mike Williams?

20 A Yes.

21 Q How did you know Mike Williams?

22 A We worked together.

23 Q And where was that?

24 A At Ketchum Realty.

25 Q Did you also know Lindsay Lockhart, formerly Lindsay 1 Ketch urn?

2 A Yes.

3 Q How about Denise williarns?

4 A Yes.

5 Q And Brian winchester?

6 A Yes.

7 Q I think everybody is kind of a group that used to

8 hang out together in sorne way, shape or forrn, or knew the

9 people through Ketchum Realty and things along those lines.

10 Is that fair and accurate?

11 A Yes.

12 Q Okay. And you said you worked with Mike.

13 A Yes.

14 Q At Ketchum?

15 A Yes.

16 Q what did you do there?

17 A I was a runner.

18 Q what does that do? what does that mean?

19 A I would take the appraisals to the various banks or

20 wherever they needed to be delivered. Go to the courthouse

21 and pull plat maps.

22 Q Okay. were you a realtor in any way, shape or forrn?

23 Or is that more like a college -type job or something like

24 that?

25 A I was not a realtor. It was a college job. 369 1 Q while you were working there, did you have to answer

2 phone calls and things along those lines as well?

3 A Yes.

4 Q what is Ketchum Realty though? what is it?

5 A It was -- when I was there it was mostly appraisals,

6 residential and commercial

7 Q okay. where are their offices at?

8 A On Thomasville Road.

9 Q Is it like a stale business -type place or is it more

10 like a home -- a little more looked like a home or how --

11 what's the setup like?

12 A It looks like a house that has been converted into a

13 business.

14 Q Okay. And there are offices throughout it?

15 A There are.

16 Q And who all works there at that time?

17 A Myself, there was a secretary, Clay, Mike Williams

18 and there was another residential appraiser, Robert

19 Culverhouse (phonetic).

20 Q okay. Did Patti Ketchum work up there on occasions?

21 A She didn't work there at that time.

22 Q okay. what about Lindsay?

23 A No.

24 Q okay. Now, you mention at some point -- there was a

25 receptionist, but sometimes you answered phone calls? 370 1 A Yes.

2 Q Okay. Just kind of,I guess, if it's ringing off

3 you pick up the extra calls or if she wasn't there?

4 A Yes. just -- if she was already on another call I

5 would answer to help.

6 Q While working there through the phone calls and

7 through interactions with the business stuff, did you get to

8 know Denise Williams?

9 A Yes.

10 Q Did Denise ever call up?

11 A Yes.

12 Q when she would call up there, I assume she was

13 calling for Mike?

14 A Yes.

15 Q was she ever calling for you?

16 A Not that I recall

17 Q when she's calling up there, did you get to know her

18 voice pretty well?

19 A Yes.

20 Q Able to recognize who it was?

21 A Yes.

22 Q Pretty frequent phone calls?

23 A Yes.

24 Q At some point during those phone calls, are you able

25 to overhear conversations between her and Brian -- her and 371 1 Mi ke?

2 A Yes.

3 Q when i say overhear, are you able to hear both

4 sides, her side of it as well?

5 A Yes.

6 Q Okay. How would you describe those kind of

7 conversations? Let me rephrase it.

8 A okay.

9 Q There's, obviously, a lot of conversations, I

10 assume?

11 A Yes.

12 Q I'd imagine there's normal marital, hi, how you

13 doing, honey, things along those lines?

14 A Not usually.

15 Q Okay. what do you mean?

16 A Not usually the, hi, how are you, how's your day.

17 Q Were they more -- did they stand out to you in some

18 way?

19 A They were just a little bit more direct.

20 Q what do you mean by that?

21 A what are you doing, I need something, you need to go

22 do it.

23 Q Now, who's saying, I need something, you need to go

24 do it, Mike or Denise?

25 A Denise. 372 1 Q And you're able to overhear her saying this?

2 A Sometimes, yes.

3 Q And what kind of things is she telling him to go do?

4 A My car needs gas; you need to come fill it up.

5 Q wait. wait. So she would call him up and ask him

6 to go get gas for her?

7 A Yes.

8 Q Okay. what else?

9 A I'm hungry. what are you bringing me to eat?

10 There's no food in the house. Are you going to stop and get

11 food? Things like that.

12 Q would you describe those as demanding?

13 A Sometimes.

14 Q controlling?

15 A Sometimes.

16 Q At any point did you ever hear Denise threatening

17 Mike? Not with physical violence, but threatening as in sheTs

18 going to go and talk to somebody else?

19 A No.

20 Q Did you ever hear -- overhear phone calls where she

21 was talking about going and calling Brian instead of talking

22 to Mike about something?

23 A Yes.

24 Q what was that about?

25 A what i overheard was, I've got to go call Brian. 373 1 Or, I've already talked to Brian.

2 Q Indicating that her and Brian have a pretty constant

3 communi cati on?

4 A That was my impression, yes.

5 Q At any point did you ever hear, you know, in the

6 fill up my gas or go get me something to eat, did she say,

7 fine, I'll just go call Brian or anything along those lines?

8 A No.

9 Q Nothing like that?

10 A No.

11 Q But on a regular basis she would talk about going

12 and calling Brian?

13 A Yes.

14 Q Over time did you get to know Brian winchester?

15 A Yes.

16 Q Did you and Brian develop something that would be

17 more than just casual friends?

18 A Yes.

19 Q Let's talk about the first time that something like

20 that happened. Do you remember when that was?

21 A Ido.

22 Q when was that?

23 A It was --

24 Q well, let me ask you this: was there an occasion

25 whenever Denise was pregnant that something happened between 374 1 you and Brian?

2 A Yes.

3 Q Okay. Tell me about that.

4 A Mike flew me in for the weekend to surprise Denise

5 for her baby shower. And that Saturday night after the

6 shower --

7 Q Let me stop you right there. okay?

8 A Yes.

9 Q So he flies you in for a baby shower for Denise?

10 A uh-huh.

11 Q Sounds to me like you got to be pretty good friends

12 with everybody at that point?

13 A Yes.

14 Q okay. More than just, I guess, work acquaintances?

15 i mean, if he's flying you back. where were you living at the

16 time?

17 A I was living in Hollywood, Florida.

18 Q Down in that Fort Lauderdale Area?

19 A Fort Lauderdale, west Palm Beach Area.

20 Q Okay. So he flies you back for Denise's baby

21 shower?

22 A uh-huh.

23 Q what happened?

24 A we went to the baby shower that day. And then that

25 night myself, Mike, Denise and Brian went to a bar in Downtown 375 1 Ta] 1 ahassee.

2 Q Okay. Do you rememberwhat bar that was?

3 A It wasat K]eman P]aza,I be]ieve.

4 Q Okay. So right there downtown?

5 A uh-huh.

6 Q By theCapitol Bui]dingand a]l that kind of stuff?

7 A Yes.

8 Q Okay. A]] right. Andso the four of y'a]] went

9 out?

10 A Yes.

11 Q A]] right, what about Kathy, Brian's wife? Is he

12 married sti]] at that time?

13 A Yes, he was married at that time.

14 Q okay. So -- but she wasn't there with you?

15 A She was not.

16 Q okay. So what happened?

17 A we just hung out at the bar ]istening to music,

18 ta]king. You know, kind of reacquainting after not seeing

19 each other for a few months. Just friends hanging out,

20 basica]]y.

21 Q Okay. Did anything out of the ordinary -- I mean,

22 you said it was -- at some point on that evening did you and

23 Brian get to be a ]itt]e bit more chummy?

24 A we ta]ked probab]y more than we had before. Mike

25 and Denise ended up leaving and going home and I stayed out 376 1 with Brian. And he took me back to Mike and Denise's house

2 afterwards.

3 Q Okay. Did Denise havea -- did her demeanor towards

4 you changeat all after that?

5 A Yes.

6 Q What do you mean?

7 A That next morning, orthat next Sunday, she was not

8 as friendlyas she was before. Almost as if I had done

9 somethingwrong. I didn't know. But it was different.

10 Q Okay. Did y'all havea fight that evening?

11 A No.

12 Q To your knowledge, didyou do anything, other than

13 hang outwith Brian, after theyleft?

14 A No.

15 Q If I can back you up alittle bit farther, if I can.

16 Back to 1997-- I'm sorry, not --in 1997 time period, was

17 there anoccasion that you wentout to a concert with Mike,

18 Brian, Deniseand Lindsay?

19 A Yes.

20 Q where was that concertat?

21 A At Floyd's on TennesseeStreet.

22 Q And what did y'all gothere for?

23 A We went to see a SisterHazel concert.

24 Q Okay. And what is SisterHazel?

25 A Sister Hazel was a popband out of Gainesville that 377 1 would come to Tallahassee regularly.

2 Q And it was -- what is that, five of y'all? Is that

3 right?

4 A Five, yes.

5 Q All right. when you were there at the Sister Hazel

6 concert, did something strike you as odd between Brian

7 winchester and Denise?

8 A Yes.

9 Q when was this concert? Do you remember?

10 A I believe it was the fall of '97.

11 Q when you say something odd happened between them,

12 what is it that you saw or heard or whatever?

13 A They were very friendly with each order.

14 Q what do you mean by that?

15 A very close. very touchy. very hands on each other,

16 arms around each other. very friendly.

17 Q Now, Mike was there, was he not?

18 A Yes.

19 Q were they that way in front of him?

20 A Yes.

21 Q That way in front of you?

22 A Yes.

23 Q You knew Mike a while?

24 A Yes.

25 Q Was Mike a drinker? 378 1 A No.

2 Q what about that night?

3 A Yes.

4 Q Much more than you'd ever seen before?

5 A That's the only time I ever recall seeing him drink.

6 Q Out of the ordinary?

7 A Yes.

8 Q Back fast forward a couple years now. was there a

9 time period where you and Brian got intimate together?

10 A Yes.

11 Q when was that?

12 A I believe 2004.

13 Q Okay. This was after Mike has been murdered?

14 A Yes.

15 Q Didn't know that at the time though, correct?

16 A Did not.

17 Q What was that evening about? Where did y'all start

18 out at?

19 A I actually was with Denise that afternoon. we went

20 to North Florida Christian to pick up the kids from school

21 And we ran into Brian and we decided to go out that night.

22 Brian and I -- he picked me up and we went to Denise's house.

23 Q Okay. And -- all right. So Brian picks you up.

24 He's not married to Kathy at this point, correct?

25 A Correct. 379 1 Q Okay. Brian picks you up to go over to Denise's

2 house. what happened next?

3 A when we got there, Denise was not happy because her

4 sitter had canceled and so she could not go out.

5 Q Okay. Did y'all stay there at Denise's house?

6 A For a little bit.

7 Q what did y'all do when you were at Denise's house?

8 A Just talked. She would say she's still trying to

9 find a sitter. But if she couldn't, would we consider staying

10 there and just hanging out.

11 Q Did y'all do so?

12 A No.

13 Q why not?

14 A Brian said, no, we're going out.

15 Q Okay.

16 A If you find a sitter, let us know and we'll tell you

17 where we are.

18 Q All right. So did Denise go with y'all?

19 A No.

20 Q Did you and Brian go out alone?

21 A Yes.

22 Q where did y'all go?

23 A A few places in town. Ended up at a bar called

24 Brothers.

25 Q Okay. was there -- did y'all have drinks along the 1 way?

2 A we did.

3 Q Both of you?

4 A Yes.

5 Q Back at Denise's house, was she having drinks?

6 A I don't recall.

7 Q How about you? was there any drinking going on?

8 Glasses of wine, anything along those lines?

9 A I don't recall.

10 Q okay. Now, Brothers, what is Brothers?

11 A Brothers was a gay nightclub when I lived here.

12 Q okay. Is that some place you would normally go?

13 A No.

14 Q whose suggestion was it to go there then?

15 A Brian.

16 Q Okay. Did you have fun there?

17 A Yes.

18 Q Good time?

19 A Yes.

20 Q okay. Did you and Brian leave? obviously, at some

21 point you left?

22 A Yes.

23 Q Did you leave together?

24 A Yes.

25 Q Okay. where did you go? 381 1 A we went back to his house.

2 Q Okay. who was driving?

3 A Brian.

4 Q Okay. And so you go to his house?

5 A (Nods.)

6 Q Okay. And what happens next?

7 A we proceeded to get intimate.

8 Q Okay. And did something extraordinary happen that

9 eveni ng?

10 A Yes.

11 Q I know it's very sensitive.

12 A In the middle of intimacy, Denise walked into the

13 bedroom.

14 Q At Brian's house?

15 A At Brian's house.

16 Q How did she get in?

17 A I don't know.

18 Q Did she have her child with her?

19 A No.

20 Q So she left the child at home?

21 A Yes.

22 Q And y'all were in the middle of being intimate?

23 A Yes.

24 Q Seems very awkward?

25 A Very. 382 1 Q what happened next?

2 A She saw us and ran out. Brian got up and put a pair

3 of pants on and ran out after her.

4 Q Comes to mind of husband's -- wives coming home and

5 finding their partners in those kind of situations. Is that

6 kind of what it was like?

7 A Yes.

8 Q what did you do?

9 A Panic. Froze. I didn't know what to do.

10 Q How do you know it was Denise?

11 A I saw her.

12 Q I assume you got over the panic and the freezing.

13 what did you do next?

14 A I got up and got dressed and kept asking how did she

15 get in the house. And made him -- I asked him to take me

16 home.

17 Q Did Brian ever tell you who it was?

18 A Not that night.

19 Q was he denying it was Denise?

20 A Yes.

21 Q Didn't tell you it was Denise?

22 A Not that night.

23 Q okay. were you insistent that it was?

24 A Yes.

25 Q Continued to deny it? 383 1 A Continued.

2 Q You say, not that night. was there anothertime

3 that youand Brian talked about the situation?

4 A Yes. we would talk on the phone regularly.

5 Q Okay. Did anything like that happen again?

6 A No.

7 Q Eventually did Brian tell you that it was,in fact,

8 Deni se?

9 A Yes.

10 Q And I assume you and Brian stopped talking,dating,

11 thingsalong those lines?

12 A Eventually, yes.

13 Q The person you talked about, Denise, do yousee her

14 in thecourtroom today?

15 A Yes.

16 Q Can you please point to her and indicate anarticle

17 of clothing,please?

18 A I'm sorry?

19 Q Can you please point to her and indicate anarticle

20 of clothing,please, that she's wearing.

21 A She's sitting right there in the gray sweater.

22 MR. FUCHS: May the record please reflect she's

23 indicatedthe defendant, Ms. Denise Williams.

24 No further questions.

25 THE COURT: Cross? 1 CROSS- EXAMINATION

2 BY MR. WAY:

3 Q Ms. Stafford, let's go back. we're going to go in

4 reverse for a moment here. The time that you were intimate

5 with Brian winchester, that was in 2004?

6 A I believe somewhere around 2004.

7 Q And about the same time Mr. Winchester was trying to

8 get back with his wife Kathy?

9 A That, I did not know.

10 Q You didn't know anything about that?

11 A Nope.

12 Q Never told you, hey, I'm trying to get back with my

13 wife?

14 A No.

15 Q But you and Mr. Winchester weren't married?

16 A No.

17 Q Okay. So, but he's seeing you, you're being

18 intimate, and you don't know anything about his relationship

19 with his wife or ex-wife?

20 A No.

21 Q But you knew Kathy, didn't you?

22 A No.

23 Q Never met her before?

24 A No. Not that I recall.

25 Q Even in late '90s when you were hanging out with the 385 1 williams and Brian, you never met Kathy?

2 A Kathy was never around.

3 Q Okay. Did you know in 1998 when you went out down

4 to Kieman Plaza that Brian winchester was married?

5 A Yes.

6 Q Okay. And you knew his wife's name was Kathy?

7 A Yes.

8 Q And this was the night that you testified that you

9 stayed at the bar with Brian Winchester and Denise and Mike

10 went home?

11 A No. Mike and Denise went home. I staved with

12 Brian.

13 Q You stayed with Brian. You stayed out drinking?

14 A Yes.

15 Q Do you know if Kathy Thomas and Denise Williams were

16 ever good friends?

17 A Yes.

18 Q So when you testified rather readily that you

19 thought it was uncommon that Ms. Williams would maybe give you

20 a look or might have been cold to you the next day, that could

21 be very much because you were out with her friend's husband

22 while she was home pregnant?

23 A Perhaps.

24 Q Okay. That's a reasonable inference on the same

25 facts that were just provided to you by the State, isn't it? 1 MR. FUCHS: Objection. Argumentative.

2 THE COURT: Overruled.

3 BY MR. WAY:

4 Q Ms. williams called up and told her husband, go get

5 me gas. And he just sat there and laughed and went back to

6 work and just keep doing what he was doing at the office,

7 didn't he?

8

9 Q No. What did he do?

10 A He would go get her gas.

11 Q All right. Well, when the times then when she would

12 call up and in very stern voice or very curt, short voice say,

13 go get me some food, what did he do? Did he just sit there

14 and keep working or did he go get her the food?

15 A If he could leave to get her the food, he would get

16 her the food.

17 Q Because Mike was devoted to Denise, wasnTt he?

18 A Yes.

19 Q Loved her deeply?

20 A Yes.

21 Q Loved Anslee deeply?

22 A Yes.

23 Q He would do anything for her?

24 A Yes.

25 Q He was a great husband? 387 1 A Yes.

2 Q And he was a great man?

3 A Yes.

4 Q And no one would pick Brian winchester over Mike

5 williams, would they?

6 A I don't know that.

7 Q well, let's talk about your relationship with

8 Mr. winchester. Because it seems like in 2004, going back to

9 this incident, you were with Denise earlier in the day,

10 weren't you?

11 A Yes.

12 Q Denise wasn't with Brian, was she?

13 A No. only when we saw him at the school.

14 Q Right. Denise was living over on Centennial Oaks?

15 A Yes.

16 Q Okay. And Brian was living somewhere else?

17 A Yes.

18 Q And you went over to her house and Denise couldn't

19 find a babysitter so Denise stayed behind?

20 A Yes.

21 Q And you went out and went to the gay nightclub

22 with -- Mr. Winchester's suggestion, and then you ended up

23 back at Mr. Winchester's house, right?

24 A Yes.

25 Q It wasn't Ms. Williams' house, was it? .ezeJ

1 A No.

2 Q And when Ms. williams came over, you don't know

3 whether Ansleewas in the car? You don't know who was

4 watchingAnslee, do you?

5 A No.

6 Q You're just guessing that?

7 A No.

8 Q In fact, after this incident happened with

9 Ms. Williamswalking in on you and Mr. Winchester, isn't it

10 true sheapologized to you?

11 A Not that I recall

12 Q Ms. Williams never sent you an e-mail saying, hey,

13 I'm sorry,I didn't mean to walk in on you guys?

14 A Not that I recall

15 Q Never talked to Kathy Thomas about what was going

16 on?

17 A No.

18 Q You testified that in the fall of 1997 you had seen

19 the relevantparties together and you said they were very

20 friendly. This was,I believe, at Floyd's Music Store?

21 A Yes.

22 Q Did you know that Mr. Winchester and Ms. Williams

23 had knowneach other since they were three?

24 A No. Not since three.

25 Q Did you know that they all knew each other and they 389 1 were all friendly; Mr. Williams, Mrs. Williams, Mr. winchester

2 and -- well, you don't know anything about Kathy, so let's

3 leave Kathy out of it. But at least winchester, Denise and

4 Mike?

5 A Yes.

6 Q All right. And you say that you saw Mike at the

7 bar. He was drinking a lot?

8 A Yes.

9 Q was he crying?

10 A Crying?

11 Q Yeah.

12 A No.

13 Q All right, what was he drinking?

14 A I don't remember the exact drink.

15 Q okay. well, he's at a bar, there's this Sister

16 Hazel --

17 A Yes.

18 Q And he's at the bar and he's having some drinks.

19 And your testimony was he had more than usual. well, how many

20 more than usual?

21 A That was the first time I'd ever seen him drink, so

22 I don't know what usual.

23 Q okay. So you don't know if he was drinking more

24 because of anything he may have been seeing? You have no

25 point of reference for how much he would have been drinking on 390 1 that particular night?

2 A Right.

3 Q when you're watching him at the bar, is he getting

4 angry?

5 A No.

6 Q Is he throwing anything?

7 A No.

8 Q Is he screaming, whoo-hoo, Sister Hazel?

9 A No.

10 Q He was just sitting there having -- was he drinking

11 beer?

12 A No.

13 Q Just drinking a mixed drink?

14 A Yes.

15 Q sitting at the bar drinking a mixed drink?

16 A I believe we were sitting at a table. A little

17 round table. And he was quiet.

18 Q Quietly drinking?

19 A uh-huh.

20 Q But you don't know if that was because that's what

21 he usually did, because you had never seen it before, had you?

22 A Right.

23 Q You're just making an assumption about why you think

24 he was drinking a lot, aren't you?

25 A I don't know why he was drinking a lot. 391 1 Q Maybe hewas thirsty?

2 A Perhaps.

3 Q Even afterthe times that you would hear

4 Ms. williams on thephone being direct with Mr. williams, you

5 continuedto associatewith Ms. Williams?

6 A Yes.

7 Q And shewas a friend of yours?

8 A Yes.

9 Q In fact,you were with her in 2004?

10 A Yes.

11 Q She canbe a very direct woman, can't she?

12 A Yes.

13 Q She canbe pointed and to the fact?

14 A Yes.

15 Q Have youever been married?

16 A No.

17 Q You everhave long-term boyfriend?

18 A Yes.

19 Q You evertell him what to do?

20 A No.

21 Q You havenever told a boyfriend what to do, ever?

22 A I guess,yes.

23 Q Okay. Sometimesthat's how it works, right?

24 A Sure.

25 MR. WAY: Nothing further, Your Honor. 1 THE COURT: Redirect?

2 MR. WAY: Not redirect, Your Honor. It's a new line

3 of questioning I want to go into.

4 REDIRECT EXAMINATION

5 BY MR. FUCHS:

6 Q At some point did you become involved in a Chuck

7 Bunker incident? Regarding Denise and Chuck Bunker.

8 A Yes.

9 Q How did you get involved?

10 A After the incident at Brian's house I would ask a

11 lot of questions. Because it didn't make sense why Denise

12 walked in that night. And in one of the phone calls he told

13 me that he followed them to Atlanta. Because she told someone

14 that she went to Atlanta with me for a concert. And they

15 called and asked, basically, why didn't I tell them. I'm

16 like, I didn't go anywhere with Denise.

17 Q So she used your name as an excuse to go on the trip

18 with Mr. Bunker?

19 A Yes. And I called her after I found out and asked

20 her why did she lie and use my name. And to not ever do it

21 again, because I didn't go.

22 when i talked to Brian on the phone later --

23 Q Let me stop you right there.

24 A okay.

25 Q when you talked to Denise, what did she say about 393 1 that?

2 A That she had to tell people she was with me because

3 what would people think if they knew she was going out of town

4 with another man.

5 MR. FUCHS: No further questions.

6 THE COURT: You may cross on that subject.

7 RECROSS EXAMINATION

8 BY MR.WAY:

9 Q Was Brianangry about Denise being with Mr. Bunker?

10 A No.

11 Q I mean, butyou and Brian are talking on the phone?

12 A Yes.

13 Q Did Briantell you he drove up to Atlanta to

14 confront Denise andChuck?

15 A He did.

16 Q And he toldyou he went up to Atlanta to confront

17 them because he washappy about what they were doing?

18 A He didn'ttell me why. I was confused. And he -- I

19 was asking questionsand he told me he went up to Atlanta.

20 Q Isn't it truethat Denise told you she was afraid of

21 Brian? She didn't wanthim around her or Chuck?

22 MR. FUCHS: Objection, Your Honor. Calls for

23 hearsay.

24 THE COURT: Overruled.

25 BY MR. WAY: 1 Q Isn't it true that Denise told you she was afraid of

2 Brian winchester being around her and Charles Bunker?

3 A Not that I recall

4 MR. WAY: Okay. Nothing further, Your Honor.

5 THE COURT: Redirect?

6 MR. FUCHS: No, Your Honor.

7 THE COURT: All right. Any juror have a question at

8 this point?

9 (No audible response.)

10 THE COURT: All right. You can step down.

11 Do we need to keep her further?

12 MR. FUCHS: She'll be retained, Your Honor. But she

13 can go about her business.

14 THE COURT: Okay. You're on call.

15 All right. Call your next witness.

16 MR. FUCHS: Your Honor, at this time the State would

17 request a lunch break. Based upon our next witness won't

18 be here until one o'clock.

19 THE COURT: Okay. All right. Don't discuss the

20 case with anyone. Don't let anybody discuss the case

21 with you. Don't look at any media accounts.

22 Does an hour give you enough time?

23 All right. Let's be back and ready to go at one

24 o' clock.

25 (Jury exits.) 395 1 THE COURT: Everyone be seated, please. we can come

2 into session or step out.

3 Any issues with either side?

4 MR. FUCHS: Not from the State.

5 THE COURT: How are we doing time -wise, Mr. Fuchs?

6 MR. FUCHS: we are on schedule, maybe even ahead of

7 schedule by the end of the day,I believe.

8 THE COURT: Okay. So let's -- if we needed to go a

9 little late, today would be a good day to do it. So

10 let's keep it on track.

11 MR. FUCHS: The only thing we have is that one

12 witness who we were anticipating be on Thursday morning.

13 She flies in this evening. I think that we're probably

14 going to get through everybody but her. we'd have the

15 one witness tomorrow.

16 THE COURT: Okay. All right. See you all at one.

17 MR. FUCHS: Thank you, Judge.

18 (A lunch recess was had.)

19

20

21

22

23

24

25 396 1 CERTI FICATE

2 STATE OF FLORIDA:

3 COUNTY OF LEON:

4 I, Johana M. Kesterson, Official Reporter, do hereby

5 certify that the foregoing proceedings were taken before me at

6 the time and place therein designated; that my shorthand notes

7 were thereafter translated under my supervision; and the

8 foregoing pages are a true and correct record of the aforesaid

9 proceedings.

10 I FURTHER CERTIFY that I am not a relative,

11 employee, attorney or counsel of any of the parties, nor

12 relative or employee of such attorney or counsel , or

13 financially interested in the foregoing action.

14 DATED this 16th day of April, 2019. 15

16

17

18

19

20 JOHANA M. KESTERSON OFFICIAL COURT REPORTER 21 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 22

23

24

25 Filing # 88302537 E -Filed 04/22/2019 11:37:26 AM 397

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO. : 2018 -CF -1592

STATE OF FLORIDA

vs. VOLUME IV Pages 397 - 530 DENISE WILLIAMS,

Defendant. -----/

* AMENDED *

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 12, 2018

TIME: Commencing at 1:00 p.m. Concluding at 4:18 p.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: VERONICA G. MCCLELLAN, RPR Official Court Reporter Notary Public in and for the State of Florida at Large

VERONICA G. MCCLELLAN, RPR Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 1 APPEARANCES

2 REPRESENTING THE STATE:

3 JON FUCHS, ASSISTANT STATE ATTORNEY JAMES A. ROGERS, ASSISTANT STATE ATTORNEY 4 OFFICE OF THE STATE ATTORNEY LEON COUNTY COURTHOUSE 5 TALLAHASSEE, FLORIDA 32301

6

7

8 REPRESENTING THE DEFENDANT:

9 ETHAN WAY, ESQUIRE WAY LAW FIRM 10 1020 EAST LAFAYETTE STREET, SUITE 112 TALLAHASSEE, FLORIDA 32301-4546 11

12 PHILIP J.PADOVANO, ESQUIRE BRANNOCK & HUMPHRIES, P.A. 13 131 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301-1507 14

15

16 INDEX

17 WITNESSES: PAGE:

18 JASON NEWLIN Direct Examination By M. Fuchs 533 19 Cross -Examination By r. Way 540

20 WILLIAM H. SCHWOOB, JR. Direct Examination By M. Fuchs 545 21 Cross -Examination By r. Way 565 Redirect Examination By M. Fuchs 566 22 LISA FLANNAGAN 23 Direct Examination By Mr. Rogers 569

24 TIMOTHY LANGLAND Direct Examination By Mr. Rogers 579 25 Cross -Examination y Mr. Way 588

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 399

1 INDEX(cont)

2 WITNESSES: PAGE: 3

4 CHAD CARPENTER Direct ExaminationBy M.Rogers 592 5 WILLIAM MICKLER 6 Direct ExaminationBy Mr.Fuchs 598 Cross -ExaminationBy Mr.way 611 7 Cross -ExaminationBy Mr.Fuchs 617

8 RICHARD WOOTEN Direct ExaminationBy Mr.Rogers 618 9 Cross -Examination y Mr.way 622

10 JOANI SCANDONE CHASE Direct ExaminationBy Mr.Fuchs 626 11 NICK WILLIAMS 12 Direct ExaminationBy Mr.Fuchs 630 Cross -ExaminationMr. Way 637 13 Redirect ExaminationBy M.Fuchs 642.

14 ANN WILLIAMS Direct ExaminationBy Mr.Fuchs 645 15 Cross -Examination y Mr.Padovano 653 Redirect ExaminationBy Mr.Fuchs 657 16

17 STATE'S EXHIBITS

18 10-A through 10-S 554 11 564 19 12-A through 12-G 575 13-A through 13-D 581 20 14-A through 14-D 594 15 652 21

22

23

24

25 Certificate of Reporter 663

VERONICA G. MCCLELLAN, RPR, OFFICIALCOURT REPORTER 1 PROCEEDINGS

2 THE BAILIFF: All rise. Court is back in session.

3 THE COURT: Let's have a jury, please.

4 THE BAILIFF: Yes, sir.

5 THE COURT: Do you have your next witness in the

6 courtroom, Mr. Fuchs?

7 MR. FUCHS: In the courtroom? Yes, I do.

8 (Jury enters.)

9 THE COURT: If you'd face the clerk and be sworn.

10 Everybody be seated, please.

11 whereupon,

12 JASON NEWLIN

13 was called as a wttness, having been first duly sworn, was

14 examined and testfed as follows:

15 THE COURT: Have a seat.

16 You may proceed, Mr. Fuchs.

17 MS. FUCHS: Thank you, Your Honor.

18 DIRECT EXAMINATION

19 BY MR. FUCHS:

20 Q Good afternoon, sir.

21 A Good afternoon.

22 Q Could you please introduce yourself to the jurors?

23 A My name is Jason Newlin. I'm an investigator with

24 the State Attorney's Office, here in Tallahassee.

25 Q As an investigator with the State Attorney's

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 401

1 Office -- well, let's back up a little bit.

2 How long have you been an investigator with the

3 State Attorney's office?

4 A I've been here almost nine years. Almost 16 years

5 total law enforcement.

6 Q Okay. And who else did you work for prior to coming

7 to the State Attorney's office?

8 A I started my career with the Fish and wildlife

9 Commission. And then I went to wakulla county sheriff's

10 Office, where I worked investigations there and then came up

11 here.

12 Q what are your duties as an investigator with the

13 State Attorney's office?

14 A There's a lot. Follow-up investigations, assist

15 prosecutors with preparation, witness locations, interviews.

16 It's -- a job description is pretty hard to come by, actually.

17 Q Kind of a jack-of-all-trades?

18 A You could say so.

19 Q Okay. Do you have a current assignment at the State

20 Attorney's Office?

21 A I'm assigned to the A Division at the Leon County

22 Courthouse. yeah.

23 Q And, basically, that's my division, correct?

24 A Itis.

25 Q So I'm your supervisor?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 402

1 A Yes.

2 Q okay. Don't mess up.

3 A I'll try not.

4 Q Did you become involved in the murder investigation

5 or the, at that point, disappearance of Mike williams?

6 A i did.

7 Q How is it that you became involved in that, the

8 disappearance aspect of it?

9 A Around October of 2017, our office was prosecuting

10 Mr. Winchester for a separate case. And when an agreement was

11 came to,I was asked to conduct a proffer with Mr. Winchester.

12 Q Now, prior to that date, were you specifically told

13 not to be involved in the investigation regarding the

14 disappearance of Mike williams?

15 A Yes. when the kidnapping case came in,I was

16 instructed do not overlap these two. Your focus is the

17 kidnapping aspect. Do not try to work on the homicide aspect.

18 Q But you were then decided -- you were -- became

19 involved in the actual proffered agreement and statement,

20 correct?

21 A I did. Correct.

22 Q Why is it that you became involved in that?

23 A I had no involvement in the missing person

24 investigation until October of this year -- or of 2017. This

25 case has had numerous, you know, articles of media coverages

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 403

1 and I had not formed an opinion. I had not conducted any of

2 the interviews. So i was coming in with kind of blind, open,

3 and seeing what we could find out.

4 Q why would that be important?

5 A A lot of opinions have been formed throughout the

6 years on this case, and there was a fear of,I guess you could

7 say, trying to get the square peg in the round hole in an

8 interview.

9 with me not have forming an opinion, not having the

10 knowledge, it, it was going to be hard for me to try to make

11 something happen.

12 Q okay. would it also be fair to say, though, because

13 your lack of knowledge, you wouldn't be able to fact check it

14 as you went about how it lighted up to everything else?

15 A That's correct.

16 Q were any steps taken to minimize that issue?

17 A yeah. we had another investigator with me, Tully

18 Sparkman, whoTs had this case for years.

19 Q Okay. what about any other steps?

20 A we had -- we set up a camera system, skype,

21 basically, where we had our interview monitored in another

22 room by agents with FDLE.

23 Q okay. In conducting this interview, you had a

24 chance, obviously, to meet and talk beforehand what was the

25 goal of the State Attorney's Office at that time?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A Our goal was to get closure for the family. we

2 reallydidn't have any idea where this proffer was going to

3 go. Itwas literally just to get closure for the family in

4 this case.

5 Q Is it fair to say that the main goal was to find

6 Mike williams?

7 A That was the, that was the objective. Yes.

8 Q Okay. During the proffer, it took a different

9 avenue?

10 A It did.

11 Q And that's how we ended up here today, correct?

12 A That's correct.

13 Q Following the proffer and statement by Brian

14 winchester,what was the next step?

15 A He indicated he would take us to the location where

16 he buriedMr. Williams and he did so.

17 Q You said he was going to take you. Is he in custody

18 at thispoint?

19 A He was in custody. He was transported in my vehicle

20 with anotherlaw enforcement officer.

21 Q And you are still a sworn law enforcement officer.

22 A Yes.

23 Q wear a badge, gun.

24 A Yes. Yes.

25 Q Handcuffs.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 405

1 A Yes.

2 Q And, in fact, you're on the united States Marshal

3 FugitiveTask Force, as well, correct?

4 A lam.

5 Q So it wasn't as if he was just taking you out. This

6 is underarmed law enforcement escort, correct?

7 A No. This is correct. we had other agents following

8 us in separatevehicles, as well.

9 Q Okay. was his attorney, Tim Jansen, also present?

10 A He was in the vehicle with us.

11 Q okay. So as I understand it then, it's you, another

12 law enforcementofficer.

13 A (Nods head.)

14 Q Mr. Jansen and Mr. Winchester in your vehicle.

15 A Correct. And Tully Sparkman was the other officer.

16 Q Okay. And did you transport -- did -- ITm sorry.

17 Did Mr. Winchester give you directions on where to

18 go?

19 A He did. After -- during the proffer, he gave us --

20 he drew amap, essentially. But he ended up just drive --

21 telling ushow to get there.

22 Q Okay. Following the proffer and then the ride to

23 the location,how would you describe Mr. Winchester's

24 demeanor?

25 A On the way there, he was very -- he was kind of

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 uptight. On the way back, he actually said, this is, this is

2 a relief.

3 Q where did he take you?

4 A To Gardner Road, Lake -- Carr Lake.

5 Q where is that at?

6 A It's kind of Northeast Tallahassee, North

7 Tallahassee, really.

8 Q Okay. And you drove him there. were you the only

9 persons that were present?

10 A No. There was agents with FDLE there. I think you

11 might have been there. And one of the -- and Andy Rogers,

12 another prosecutor, was there, as well.

13 Q Okay. Did you -- when Mr. Winchester directed you

14 to this location, did yTall remain in the vehicle?

15 A No. We got out with him. We let him get his

16 bearings in the lo -- where we were. He walked down towards

17 the boat ramp. well, you can call it a boat ramp. It's a

18 dirt hill. And he just kind of looked around, looked at a

19 bunch of different trees and he -- it's 17 years later.

20 Things had changed.

21 And he said, the best I can tell you is,"I remember

22 digging a hole near this type of tree." I don't recall

23 exactly what tree it was, but he pointed at the tree and he

24 goes, 'Tthis is going to be my best guess, right in this area."

25 Q Okay. As you mention, members of law enforcement

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 407

1 were also-- Florida Department of Law Enforcement were

2 present?

3 A They were there. Yes.

4 Q Are you aware of whether or not law enforcementtook

5 any furthersteps in order to try to recover Mike williams?

6 A Yes. There was a lot.

7 Q And are you aware whether they were -- you werenot

8 involvedin that recovery operation.

9 A No. I did not go out there after that.

10 Q who was the per -- who was it that was involvedin

11 that?

12 A Investigator Sparkman. But it was mostly FDLE

13 agents.

14 Q okay. And to your knowledge, did they -- werethey

15 able to recoverthe remains of Mike williams?

16 A Yes, they were.

17 MR. FUCHS: No further questions.

18 THE COURT: Cross.

19 CROSS-EXAMINATION

20 BY MR. WAY:

21 Q Good afternoon, Investigator Newlin.

22 A Good afternoon.

23 Q The FDLE is the late -- the lead agency on theMike

24 williams'disappearance?

25 A Yes. For the most part.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q About the time you were involved in finding the

2 remains,was the case being taken over by special Agent

3 Mickler?

4 A He was one of two.

5 Q The other agent was Agent Devaney?

6 A Correct.

7 Q And, to your knowledge, has Agent Devaney since

8 retired?

9 A Yes.

10 Q The -- in the course of your communication in the

11 investigationrelated to Mr. winchester, Mr. Winchester gave

12 severalstatements to law enforcement; isn't that correct?

13 A In the course -- I did one proffer with

14 Mr. Winchester.

15 Q And that was a proffer on October 9th, 2017?

16 A Correct.

17 Q were you aware of the proffer that took place on

18 October12th, 2017?

19 A I'm aware of one. Yes.

20 Q All right. Have you reviewed the transcript or any

21 informationrelated to that?

22 A I have not.

23 Q were you aware of an additional FDLE proffer on

24 February12th of 2018?

25 A I'm aware of conversations. Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q And are you aware that Mr. Winchester gave a

2 deposition on August 24th, 2018, to Mr. Padovano and myself?

3 A Yes,Iam.

4 Q Did you review that?

5 A No.

6 Q In the course of your investigation and follow-up as

7 it relates specifically to your proffer, you ask -- or there

8 was information provided by Mr. Winchester as to what happened

9 with Mr. Williams on the date in question, December 16th,

10 2000?

11 A The way I did the proffer?

12 Q Yes, sir.

13 A Honestly, I sat down with him and said, tell us what

14 happened and let him take it from there. I don't recall

15 asking a question for probably 20 or 30 minutes into this

16 thing.

17 Q So it was a -- i don't want to say it was a friendly

18 environment, but it was not a confrontational -type

19 investigation?

20 A No. It was definitely you tell us what you know.

21 we will ask questions when we feel like we need them. There

22 wasn't a -- I guess you're trying to say an interrogation

23 aspect to it. Not really, no.

24 Q well, not like this, not where --

25 A No.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 410

1 Q -- we're going back and forth with very short

2 answers.

3 A No.

4 Q So Mr. winchester was, essentially, given the

5 opportunity to provide whatever information he wanted to

6 provide to you without a lot of interruption or interjection?

7 A Correct.

8 Q Did Mr. Winchester, on October 9th, 2017, tell you

9 that Mike Williams was killed holding onto a stump?

10 A No. He did not tell us that. No.

11 Q Did Mike Williams -- or did, rather, Brian

12 Winchester tell you at his proffer that he placed Mike

13 williams or a portion of Mike williams' remains in a dog crate

14 to drive back to Tallahassee?

15 A No. Just in the back of his vehicle.

16 Q Did Mr. Winchester tell you at the proffer on

17 October 9th, 2017, that he had to wash the blood off the

18 exterior of his Suburban, because it was dripping down onto

19 his driveway?

20 A I remember him saying he took it to a car wash off

21 of Tharpe Street and old Bainbridge and cleaned it thoroughly.

22 Whether it was inside or outside, I don't remember the

23 specifics.

24 Q And did Mr. Winchester tell you that he was the

25 distance between himself and Mr. williams, when he shot him in

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 411

1 the face, was three feet or less?

2 A Three feet sticks out. I don't know if it was three

3 feet or less or close to three feet or what his, his exact

4 words were.

5 Q Could it have been more than three feet?

6 A Could he have said more than?

7 Q Yes, sir.

8 A I don't recall.

9 MR. WAYT: All right. Nothing further, Your Honor.

10 THE COURT: Redirect.

11 MR. FUCHS: No, Your Honor.

12 THE COURT: Any juror have a question of this

13 witness? All right. You can step down. Remain subject

14 to recall.

15 Call your next witness.

16 MR. FUCHS: Yes, Your Honor.

17 (Witness exits.)

18 THE COURT: I hope everybody got a chance to get out

19 at lunch. It's much nicer today than yesterday. It was

20 kind of brutal out there yesterday. very pleasant out

21 there today. I'm sorry to keep you in this windowless

22 courtroom here. It's not the courtroom I normally use.

23 The one I normally use is a little nicer, truthfully.

24 But we don't have as big a jury room, so you can't fit in

25 there.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 412

1 If you'd face the clerk and be sworn, please.

2 whereupon,

3 WILLIAM H. SCHWOOB, JR.

4 was called as a wttness, having been first duly sworn, was

5 examined and tesdfed as follows:

6 THE WITNESS: I was looking for you in your normal

7 courtroom.

8 THE COURT: Have a seat. Slide up to the

9 microphone, please, sir.

10 DIRECT EXAMINATION

11 BY MR. FUCHS:

12 Q Good afternoon, sir.

13 A Good afternoon.

14 Q Can you please introduce yourself to the juror?

15 A My name is William H. Schwoob, Jr. I'm also known

16 as ward. I'm a crime laboratory analyst supervisor with the

17 Florida Department of Law Enforcement.

18 Q what does that mean?

19 A I supervise three sections of the crime laboratory.

20 One of them is the crime scene section. I've been a

21 supervisor there for 15 years. I also go out and assist with

22 crime scene investigations.

23 Q okay. I'm assuming over that time period you've had

24 some training on how to do a crime scene.

25 A Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 413

1 Q Okay. If you could tell the jurors a little bit

2 about that.

3 A well, 33 years ago, I was hired as a crime scene

4 analyst with the FDLE. At that point, I spent a year of

5 in-house training, where I learned the capabilities of the

6 crime lab and how to collect and document evidence at crime

7 scenes. Since then,I have taught numerous schools on crime

8 scene investigation. I have been to FBI for crime scene

9 schools. And every year i have additional training in the

10 area of crime scene.

11 Q LetTs talk about, in general, crime scene processing

12 and how you go about doing things in general before we start

13 talking about this particular case.

14 A okay.

15 Q How --

16 A In general, we're directed to an area where a crime

17 has reportedly occurred. we're called by law enforcement

18 officers. we are then responsible for going in and examining

19 the area to look for potential evidence.

20 we then collect that evidence, document it through

21 photography, notes, and sketching, and then we collect that

22 evidence, we package it to preserve its integrity, we then

23 take it back to our laboratory, and we submit it to our

24 evidence section.

25 From there, it will be checked out by each of the

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 414

1 specialists -- or the specialty sections within the laboratory

2 for them to do their analysis.

3 Q Okay. Photographs, a major part of what it is that

4 you do in order to document the way you do things?

5 A Yes, sir.

6 Q would it be fair to say that not every crime scene

7 is the same?

8 A That's correct.

9 Q They all kind of take a unique situation that you

10 have to,I guess, adapt to.

11 A Yes, sir.

12 Q At some point in your professional career, did you

13 become involved in the investigation regarding the death --

14 or, actually, at that time, missing persons investigations

15 regarding Mike williams?

16 A Yes, sir.

17 Q How did you initially get involved?

18 A Initially, I was called by Special Agent Mike

19 Devaney. I believe it was in March of 2011. He had located a

20 vehicle that was reportedly -- had belonged to Denise and

21 Michael Williams in salvage yard up in Alabama. He had

22 arranged for that vehicle to be transported to our laboratory

23 so that we could look for any potential evidence in that

24 vehicle.

25 Q Okay. And did you do so?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 415

1 A Yes, sir.

2 Q okay. How do you go about processing a vehicle?

3 A well, the first thing we do is we photograph the

4 condition of it. And we visually observe looking for any

5 items of obvious evidence.

6 In this particular case, the vehicle had been

7 scrapped out by a -- in a salvage yard, so it was missing

8 large pieces. But we were looking for evidence that a body

9 may have been transported in that vehicle. One of the items

10 that helps us or type of evidence that really helps us with

11 that is any blood or body fluids that may be located in the

12 vehicle.

13 So we have several chemicals that we can use. One

14 is called BlueStar, which we spray the area in pretty much

15 total darkness. And it will luminesce or cause potential

16 bloodstains to glow. we then turn on the lights, and we have

17 another presumptive test that we can use called Kastle-Meyer

18 reagent that will tell us whether those stains are blood or

19 not. we apply that. And then we would collect any samples

20 that had positive reactions.

21 Q okay. And in doing so with this vehicle that

22 belonged to Denise Williams, did you find anything of

23 evidentiary value as it relates to the disappearance of Mike

24 williams?

25 A No, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 416

1 Q Okay. Were you ever asked to process a vehicle for

2 Brian winchester, that Mr. winchester used to own?

3 A I don't believe I was. Members of the laboratory

4 may have.

5 Q okay. Be fair to say, though, typically, when one

6 person's involved, there's the -- they maintain who it is

7 that's going to be processing, usually? Especially one as

8 high -profile as this.

9 A usually.

10 Q And --

11 A EXCept for in this particular case, where it spanned

12 over so many years. We're unable to keep the same people

13 processing it.

14 Q You've been a supervisor there and been at that lab

15 in a long time -- for a long time, correct?

16 A Yes, sir.

17 Q Are you aware of anybody ever processing or finding

18 Brian Winchester's vehicle for processing?

19 A I'm not aware of that.

20 Q Okay. In October of 2017, were you asked, again, to

21 be involved in what is now classified as a homicide

22 investigation with Mike Williams?

23 A Yes, sir.

24 Q How did you become involved in that one?

25 A I was called to -- well, again, by Special Agent

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 417

1 Mike Devaney to an area near Carr Lake, which is off of

2 Meridian Road in Northern Tallahassee. I was told that there

3 was a,a report that a body may have been buried there. And I

4 was asked to kind of direct the examination or, or the, the

5 function of locating that body and recovering any evidence

6 from it.

7 Q okay. Did this particular location present unusual

8 problems?

9 A Yes, sir, it did.

10 Q what's that?

11 A The area was overgrown. It had numerous large

12 trees, underbrush, and it was also flooded. Normally, when we

13 do a, a search for a buried body, we try and have a cleared

14 area. we will use cadaver dogs to try and help us locate

15 areas where the potential scent of a cadaver may be. we can

16 also use ground -penetrating radar, which will allow us to look

17 for any voids in the, in the soil composition.

18 This particular case, the ground -penetrating radar

19 wouldn't work, because it was under water. And we don't use

20 it under water. we had to clear the area to be able to get

21 access in there. cadaver dogs were brought in, and they did

22 alert on several areas. unfortunately, the areas were under

23 water. And I had been told that the scent of, of a cadaver

24 can travel through water. So the dogs weren't able to

25 pinpoint a very small area where the body might be. if they

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 had been able to, that's where we would have started digging.

2 with it being under water, one of the first things

3 we had to do is figure out, okay, how do we remove the water?

4 we had Leon County come out, their -- the Public works. And

5 they put up what is called a coffer dam, which is a

6 water -filled bladder that surrounds the area that we want to

7 examine and they pump the water out. we were then able to go

8 in and use heavy equipment to start removing soil very

9 meticulously.

10 I'm sorry, but before we did that, we had a tree

11 company come in and clear all the large trees in the brush so

12 we could have access to the ground area.

13 Q The large equipment you're talking about, does

14 Florida Department of Law Enforcement have that equipment and

15 people that are trained to use those kind of -- that kind of

16 equipment?

17 A No, sir. we relied on Leon County public works to

18 supply that equipment.

19 Q So what would your role be during all this?

20 A My role was to oversee the entire excavation. As a

21 backhoe took a scoop of dirt, I was there watching the dirt

22 being removed, looking for any artifacts that may have been

23 scooped up.

24 Each scoop was taken and dumped on a large plywood

25 deck area, where we had additional people that then used rakes

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 419

1 and shovels to go through that debris that was removed. we

2 started on...

3 Q Let me stop you real quick.

4 A Okay.

5 Q what is a backhoe?

6 A A backhoe is a piece of heavy equipment that is --

7 has track-like transport devices instead of wheels. It has a

8 big armwith a big shovel on the end that hydraulically goes

9 out andcan -- and dig trenches.

10 Q oh. One of those big, old buckets that scoop up big

11 piecesof dirt?

12 A Yes.

13 Q The -- as youT re doing this search and you talk

14 about thebackhoe scooping up pieces of dirt, are they just

15 takinga big, huge piece of dirt?

16 A No, sir. we're taking -- we had a very skilled

17 backhoeoperator, and he was able to actually take anywhere

18 from twoto four inches at a time and, and move it across.

19 Q Okay. And your job is to supervise all of this,

20 correct?

21 A Yes, sir.

22 Q Okay. Are you there overseeing to make sure

23 people-- or anything of evidentiary value is found and how

24 peoplesift through it?

25 A Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 420

1 Q The people that are sifting through it, is that you

2 and lawenforcement officers, or is it also the Public works

3 folks?

4 A No. It was law enforcement officers and members of

5 the crimescene section.

6 Q Now, this excavation and, and search for the remains

7 happenedin October of 2017?

8 A Yes, sir.

9 Q And, at that point, it was still secret; is that

10 fair tosay?

11 A It was kept low key. Yes, sir.

12 Q Okay. It sounds like you had a lot of people there.

13 So thatcreated some of the issues.

14 A Yes, sir.

15 Q And it wasn't until December that it was revealed,

16 correct?

17 A That's correct.

18 Q okay. In doing so, even with the unique

19 circumstances,did you take photographs to document what was

20 being done?

21 A Yes, sir,I did.

22 MR. FUCHS: Your Honor, may I approach?

23 THE COURT: You may.

24 BY MR. FUCHS:

25 Q I'm showing you what's been previously marked,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 421

1 marked for identification purposesStateTsExhibit --

2 Composite Exhibit 10-A through S. withoutshowing those to

3 the jurors, if you can take a lookat that,please.

4 (Pause.)

5 BY MR. FUCHS:

6 Q Do you recognize those photographs?

7 A Yes, sir.

8 Q what do those photographs appear to depict?

9 A These photographs depict the excavation area. The

10 first photograph is actually a Google Earth photograph showing

11 the general location off of Meridian Road. Then these

12 photographs kind of walk into the scene and show the stages of

13 the excavation.

14 Q Do they fairly and accurately depict the excavation,

15 as well as the location?

16 A Yes, sir.

17 MR. FUCHS: Your Honor, at this time I'll move

18 State's Composite Exhibit No. 10-A through S into

19 evidence, please.

20 THE COURT: Any object --

21 MR. WAYT: No objection, Your Honor.

22 THE COURT: Admitted without objection.

23 (State's Exhibit Nos. 10-A through 10-s received in

24 evidence.)

25 BY MR. FUCHS:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 422

1 Q And you mentioned the first photograph. There's a

2 map ofthe area.

3 A Yes, sir.

4 Q Now, Carr Lake, up in here, is a larger area. where

5 exactlyare we talking about on the lake? Do I need to zoom

6 in?

7 A Yeah. I'm having a hard time. where is Gardner

8 Road?

9 THE COURT: Maybe you hand him the photo. Let him

10 getoriented.

11 MR. FUCHS: ITm going to hand it to you. It gets a

12 littleblurry.

13 (Brief pause.)

14 THE WITNESS: Okay.

15 THE COURT: Has he given you a pointer?

16 THE WITNESS: Yes, sir.

17 THE COURT: Okay.

18 BY MR.FUCHS:

19 Q So where are we looking at in the general area of

20 Carr Lake?

21 A In here is Carr Lake, and in this area here.

22 Q Okay. So we're talking on the -- I guess that would

23 be theeast side of Carr Lake.

24 A Yes, sir.

25 Q Correct? okay. Closest to Meridian Road?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 423

1 A Yes, sir.

2 Q Photograph 10-B, what are we looking at here?

3 A This is a photograph from the end of Gardner Road.

4 GardnerRoad is paved to a point, and then it becomes dirt.

5 And it'sa dirt road until it gets down to around the tree

6 line. Andthis is the edge of the tree line, which is facing

7 the ex --actual excavation area.

8 Q Okay. So the excavation area would be down this

9 road?

10 A Yes, sir.

11 Q 10-c?

12 A This is a photograph further down the road, where we

13 could actuallyget to the water area on the left, showing the

14 overgrowthwhen we got there.

15 Q Okay. And this is -- the photograph here, is this

16 after theexcavation or before?

17 A This is before the excavation.

18 Q All right. So this is be -- as it is when you first

19 get there?

20 A Yes, sir.

21 Q Photograph 10-D.

22 A This is another photograph where we've gone further

23 down theroad, down to the lakeshore, showing the water

24 locationand the overgrowth before we excavated.

25 Q 10-E.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 424

1 A An additional photograph showing an area further

2 down the road.

3 Q And is this the area, ultimately, the excavation

4 would start, this exposure in the last picture of the

5 excavation area?

6 A Yes.

7 Q Photograph 10-F.

8 A Okay. This is a photograph after the trees and

9 brush have been removed of the, of the same area.

10 Q 10-G.

11 A 10-G is --

12 Q what are we looking at here?

13 A That is a photograph of the previous area but after

14 the coffer damn has been put up and the water has been pumped

15 out.

16 Q what is a coffer dam?

17 A coffer dam is a water -filled bladder that is used to

18 prevent water from intruding back in, kind of like a, a large

19 ziploc bag. If you fill with it water and then you put it on

20 a plate and you manage to move all the water, it would prevent

21 any additional water from coming in.

22 THE COURT: Can you spell that?

23 THE WITNESS: Coffer dam? C -O -F -F -E -R.

24 THE COURT: Okay.

25 THE WITNESS: D -A -M.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 425

1 BY MR. FUCHS:

2 Q And is that what we're looking at here, this black,

3 plastic -looking stuff?

4 A Yes, sir.

5 Q what's this right here?

6 A That's a pump, a sump pump used to pump the water

7 out.

8 Q I'm sorry. A what pump?

9 A Sump, S -U -M -P.

10 Q Okay. And what does a sump pump do?

11 A Pumps water.

12 Q 10-H, what are we looking at here?

13 A Okay. In the background is the coffer dam. we had

14 to support it by driving metal stakes in. Otherwise, the

15 water -- the whole black bag thing would just kind of roll

16 back in. So there are metal stakes there. And this is

17 actually in the center of the photograph showing an area that

18 we've excavated where a tarp has been exposed. And underneath

19 that tarp are actually the skeletal remains of Mike Williams.

20 Q It looks like some striations going on right here.

21 what are we looking at right there?what are those?

22 A Those striations are from the bucket of the backhoe.

23 They actually have teeth. And when they, they dig in, they

24 leave those striations.

25 Q About how deep are we talking about? How deep was

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 426

1 this?

2 A oh.

3 Q Are we talking about ten feet, five feet, three

4 feet, twofeet?

5 A Probably three feet. But under about six feet --

6 three feetand another four foot of water.

7 Q Okay.

8 A So that -- that's -- that was my hesitation. It was

9 about threefeet of water. And then there was about three

10 feet of mud.

11 Q 10-I.

12 A That's a photograph from another direction showing

13 the tarp. ItTs also showing me standing next to the tarp,

14 there inthe top left, and additional workers in the

15 background.

16 Q 1O -J.

17 A This is a closer photograph of the tarp and,

18 actually,the skeletal remains.

19 Q Can you please point to us where the skeletal

20 remains arehere? I'm having trouble seeing it.

21 A It's in the center of the photograph.

22 Q Do you have the pointer there?

23 A Yeah. Right here.

24 Q So this is a bone?

25 A I think the next photographs will show it a little

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 427

1 better.

2 Q okay. 10-K.

3 A okay. Here are the actual -- that's a -- the foot

4 which wasencased in a bootie. That's the left leg bone.

5 That's thefemur. And the spine is up in this direction.

6 Q 10-L.

7 A This is a closer photograph showing that bootie

8 there onthe left side, the left leg, the left knee, and the

9 left femurbone.

10 Q 10-M.

11 A This is a -- kind of a step back photograph from the

12 previousone. Again, showing the bootie, the left leg, the

13 spinal cord,and the tarp there.

14 Q 10-N.

15 A This is a closer photograph where we've actually

16 removedthe tarp, and we've started removing some of the mud

17 that wason top of the skeleton. You see here the left

18 bootie,again, the leg being bent. And here in the center is

19 the pelvicarea with a pair of red boxer shorts.

20 Q Did you continue those efforts in order to -- and

21 recoverlarge skeletal remains?

22 A Yes, sir.

23 Q when you do that, how do you go about preserving

24 them?

25 A well, the first difficulty is actually how to get

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 them out of the mud. So what we try and do is we terrace

2 around the body or the skeletal remains itself, removing the

3 dirt and trying to leave as much beneath it just to support

4 it. Then we will go in and we'll start removing the support

5 underneath, and we will actually cradle the remains and then

6 take it out and we'll lay it on a sheet once we've removed it

7 from the mud.

8 Q Photograph 10-0.

9 A This is a photograph of the skeletal remains as

10 they're laid out on the sheet. up at the very top is the

11 boxers and the different parts.

12 Q These appear to be gloves; is that correct?

13 A Yes, sir.

14 Q Okay. And then the bootie that we previously looked

15 at?

16 A Yes, sir.

17 Q Now, once you are able to excavate and get out the

18 skeletal remains here, what is the next step in this process?

19 A The next step in this process -- well , in this

20 particular case, the medical examiner came to the scene to

21 help us with the placement and make sure we had the majority

22 of the skeleton. But then it would be transported to the

23 medical examiner's facility for her to do an autopsy or a

24 medical examination of the remains.

25 Q Do you have any role in that?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 429

1 A Yes, sir. I assist with the packaging of the

2 remainsfor transport to the medical examiner's facility. And

3 I also attendthe autopsies to help the medical examiner with

4 photographyand to help collect any artifacts or evidence that

5 is foundon the remains.

6 Q And did you do so?

7 A Yes, sir,I did.

8 Q Did you have an opportunity to observe all the

9 things that-- who actually performed the autopsy?

10 A Dr. Flannagan.

11 Q At the medical examiner's office?

12 A Yes, sir.

13 Q And did you have an opportunity to observe this, as

14 well asany kind of x-rays, or anything along those lines,

15 that shetakes?

16 A Yes, sir.

17 Q Photograph 10-P.

18 A This is a photograph of an x-ray on a light box

19 showingthe head area of the skeletal remains. Any of the

20 light areasare more radiologically opaque. In other words,

21 they'redenser. They show the bone areas. They show any

22 artifactsthat are in the skull itself.

23 Q Skip one and go to 1O -R. what is this?

24 A Those are shot pellets from a shotgun shell and also

25 the shotcup from a shotgun shell.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 430

1 Q what is a shot cup?

2 A Shot cup -- a shotgun shell consists of a plastic or

3 fiber outer casing with a -- normally a brass or a metal base

4 to it. Contained within this whole cylinder is numerous shot

5 pellets. And at the base of -- at the base of where the

6 pellets are, there's a plastic container that helps hold all

7 the, all the shot pellet together. And when it's fired out of

8 the shotgun, it then comes out the end of the barrel. The

9 pellet goes out and the shot cup falls off. So it helps keep

10 the shot -- all the small pellets together until it comes out

11 the end of a barrel.

12 Q Now, the shot cup, as it's projected, doesn't just

13 fall off. ItTs still going forward?

14 A Yes.

15 Q Not as high as the velocity as the bullets are,

16 correct -- or the pellets?

17 A That's correct.

18 Q And were these items recovered from the head of Mike

19 williams?

20 A Yes, sir.

21 Q Photograph 10-Q, what are we looking at here?

22 A These, again, are radiographs, x-rays showing the

23 hands of Mike williams. And they were within gloves, so they

24 contained all the small bones. All the light objects are

25 bones. And it also shows any artifacts within the hands.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 431

1 Q was there an artifact found within the hands?

2 A Yes, sir.

3 Q what was found?

4 A There was a wedding ring found on the left ring

5 finger. It's this circular object here.

6 Q Photograph 10-S.

7 A That's a closeup photograph of the wedding band.

8 Q Showing what's been previously marked for

9 identificationpurposes State's Exhibit No. 11. Ask if you

10 have --do you recognize that item?

11 A Yes, sir,I do.

12 Q what does the item appear to be?

13 A This is the wedding band in the photograph there

14 that wastaken from the left ring finger of the skeletal

15 remains.

16 Q Same or substantially the same condition as it was

17 when youseized it from the Medical Examiner's office?

18 A Yes, sir.

19 MR. FUCHS: Your Honor, at this time I move State's

20 Exhibit11 into evidence.

21 THE COURT: Any objection to 11?

22 MR. WAY: No objection, Your Honor.

23 THE COURT: will be admitted.

24 (State's Exhibit No. 11 received in evidence.)

25 BY MR. FUCHS:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 432

1 Q Now, we've been referring to the remains found as

2 being Mike williams. It's my understanding that the Florida

3 Department of Law Enforcement conducted DNA testing to make

4 that determination; is that correct?

5 A Yes, sir.

6 Q And was it in fact determined to be Mike williams?

7 A Yes, sir.

8 MR. FUCHS: Your Honor, permission to publish

9 State's Exhibit 11 to the jury.

10 THE COURT: You may.

11 (Pause.)

12 MR. FUCHS: I have no further questions, Your Honor.

13 THE COURT: Cross.

14 CROSS-EXAMINATION

15 BY MR. WAY:

16 Q Good afternoon, Mr. Schwoob.

17 A Good afternoon.

18 Q Based on your experience and training and consistent

19 with the photographs you just showed the jury, was the wound

20 caused by a close range shotgun blast to the head?

21 A Yes, sir.

22 Q And that would be what could be considered three

23 feet or less?

24 A No, sir. I would say three to ten feet.

25 Q would there have been substantial amount of blowback

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 433

1 or damage as a result of that shotgun shot to the face?

2 A There could have. Yes, sir.

3 Q would there have been quite amount -- large amount

4 of bloodor other biological tissue?

5 A Yes, sir.

6 MR. WAY: Nothing further, Your Honor.

7 THE COURT: Redirect.

8 MR. FUCHS: Yes, Your Honor.

9 REDIRECT EXAMINATION

10 BY MR. FUCHS:

11 Q You say there could be.

12 A Excuse me?

13 Q You said there could be blowback.

14 A Yes, sir. There could be.

15 Q Could there not be?

16 A Yes, sir. There could not be.

17 Q what kind of factors are we talking about there?

18 A well, the factors would be the amount of destruction

19 that occurred,whether there was actually any rebound. Shot

20 pellets wentin, hit something, and they would bounce back

21 out, windconditions, air velocities.

22 Q Okay.

23 A You know --

24 Q Specifically, if there was, in fact, blowback, what

25 we're talkingabout is blood and things like that that had

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 434

1 come backwards, essentially, is what we're talking about,

2 correct?

3 A Yes, sir.

4 Q Okay. If there was, in fact, blowback that ended up

5 on the sideof a boat in the morning hours, if there was a

6 torrentialdownpour, would that sufficiently -- do you believe

7 that wouldhave washed away most of the blood?

8 A Yes, sir. It could have.

9 Q And, in fact, that's how you keen clean up blood,

10 correct?

11 A Yes, sir.

12 Q Cut yourself on the finger before?

13 A Yes, sir.

14 Q How do you clean that up?

15 A soak it with water. Flush it off.

16 MR. FUCHS: No further questions.

17 THE COURT: Any juror have a question of this

18 witness?

19 (No audible response.)

20 THE COURT: All right. You can step down. Do we

21 needto keep him further?

22 MR. FUCHS: No, Your Honor.

23 THE COURT: Do you need him for any reason, Mr. way?

24 MR. WAY: No, Your Honor.

25 THE COURT: You're excused. Thank you for being

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 435

1 here.

2 (witness exits.)

3 THE COURT: who's your next witness going to be?

4 MR. ROGERS: Dr. Flannagan.

5 THE COURT: Maybe we ought to go ahead and take our

6 break. Do you think it would be a good time to take a

7 break?

8 MR. FUCHS: ITm sorry? I think probably -- either

9 now or right after her. she's not going to be very

10 extensive --

11 THE COURT: Okay.

12 MR. FUCHS: -- given the circumstances --

13 THE COURT: Okay.

14 MR. FUCHS: -- in this case.

15 THE COURT: Sometimes that's pretty lengthy.

16 MR. FUCHS: This is not going to be one of the

17 longer ones.

18 THE COURT: Okay.

19 (Pause.)

20 THE COURT: If you'd face the clerk and be sworn,

21 please, ma'am.

22 whereupon,

23 LISA FLANNAGAN

24 was called as a wttness, having been first duly sworn, was

25 examined and testfed as follows:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 436

1 THE COURT: Have a seat. Slide up to the

2 microphone, please, ma'am.

3 DIRECT EXAMINATION

4 BY MR. ROGERS:

5 Q Doctor, can you please state and spell your name for

6 the record?

7 A Lisa Flannagan. That's F -L -A -N -N -A -G -A -N.

8 Q Can you -- how are you currently employed?

9 A I'm employed as an associate medical examiner in

10 this district.

11 Q How long have you been a medical examiner?

12 A I've worked full-time as a medical examiner in

13 Florida since 1995.

14 Q And can you tell me a little bit about your training

15 and experience to get to where you are today?

16 A Yes. i received my undergraduate degree from

17 Florida State university. I then attended the university of

18 Florida, College of Medicine. And I received my MD degree in

19 1990. And after that, I completed a five-year residency

20 program in pathology. And I did that at the university of

21 North Carolina in Chapel Hill. And that included training in

22 clinical pathology, anatomic pathology, and a one-year

23 fellowship position in forensic pathology, which is my

24 specialty.

25 Q Are you board certified?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 437

1 A Yes. I'm board certified in clinical pathology,

2 anatomic pathology, and forensic pathology.

3 Q Okay. Can you tell the jury what your general

4 duties are as a medical examiner?

5 A well, Florida has a medical examiner system to

6 investigate deaths. So there are certain deaths that fall

7 under our jurisdiction. Those are deaths that are not

8 natural, homicides, suicide, accidental deaths. And we take

9 jurisdiction of those cases and do a complete death

10 investigation.

11 Q How many death investigations would you say you've

12 been a part of?

13 A At this point, probably over 4000.

14 MR. ROGERS: Judge, at this time I would tender the

15 witness as to her ability to give an opinion testimony.

16 THE COURT: Any voir dire?

17 MR. WAY: No voir dire, Your Honor.

18 THE COURT: Okay. You may proceed.

19 BY MR. ROGERS:

20 Q All right, Dr. Flannagan. How did you become in

21 this case -- become involved in this case?

22 A I was notified by an agent with FDLE that they were

23 at the scene with some skeletal remains.

24 Q All right. And did you actually go out to the

25 scene?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A Yes. I did respond to the scene.

2 Q okay. And where was that at?

3 A It was out Gardner Road.

4 Q And that's here in Leon County?

5 A Leon County. Yes.

6 Q okay. when you got to the scene, can you describe

7 it to the jury?

8 A They had evidently been searching several days

9 trying to find the remains, and they found the remains. And

10 that's when they called me to come out just to be there to see

11 where the remains were, what kind of condition they were in,

12 the environment that they were found in, and just to assist as

13 they were recovered, to try to collect every bone that we

14 could find.

15 Q okay. Can you describe the area that they were

16 recovered?

17 A It was gray, thick mud. So it was a very difficult

18 area to get to, to get the remains.

19 Q Now, were you able to do any examination at the

20 scene of the, the remains that were recovered?

21 A I did not do much of an examination at the scene.

22 The -- there was mud all over the skeletal remains. There was

23 some clothing. So we just gathered everything that we could

24 and wrapped it in a sheet and then transported it to the

25 morgue to do a more thorough examination.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 439

1 Q Now, you mentioned clothing. Can you describe the

2 clothingthat you saw with these remains?

3 A The clothing there, there was a long sleeve shirt

4 on. Thearms were still in the sleeves of the shirt, but the

5 shirt itself had been pulled over the head. There were plaid

6 boxers. There were -- there was a glove on each hand. And

7 then on the left foot there was a sock and a -- what I called

8 a bootie.

9 Q Okay. So, eventually, the remains were transported

10 back to your office; is that right?

11 A They were transported to the morgue.

12 Q To the morgue. where did you perform the autopsy?

13 A we perform autopsies in the morgue at Tallahassee

14 MemorialHealthcare.

15 Q okay. Can you tell the jury how you go about

16 startingan autopsy in this type of case, where all you have

17 is skeletal remains?

18 A well, for this particular case, before I disturbed

19 anything,I took x-rays of all of the remains.

20 Q All right, when you took x-rays, did you find

21 anythingthat stood out to you as abnormal?

22 A Yes. One of the first things that we saw in the

23 head, there were extensive skull fractures. And then I could

24 see numerous bird shot pellets.

25 Q when you talk about skull fractures, can you

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER ii.

1 describethosein moredetail?

2 A well,they'reextensive fractures of the skull. And

3 those stayed together after he decomposed, because the shirt

4 had been pulled up over the head. So those were all together

5 and not scattered. So that's why I was able to find the

6 fragments of the skull,as well as to recover the bird shot

7 pelletsand, actually,the shot cup, as well

8 Q Okay. And Ibelieve the jury had some testimony

9 earlierabout what a shotcup is. what is your understanding

10 of whata shot cup is?

11 A well, when ashotgun is fired, the ammunition is the

12 shot cupwhich is the plasticcup, basically, with the pellets

13 in it. So when the gunis fired, the shot cup will come out

14 of the end. And as ittravels through the air, that plastic

15 shot cupwill start tospread, and the pellets will be

16 dispersed. But when it initially comes out, it's all

17 together.

18 Q And you said you recovered both bird shot pellets

19 and the shot cup from the skull of Mr. williams?

20 A Yes, I did.

21 Q okay. were you able to examine the rest of the

22 skeletal remains for injuries?

23 A Yes. So the remainder of the autopsy, all of the

24 bones were cleaned to get the mud off them. And then they

25 were all examined and they were x-rayed. And I didn't see any

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 441

1 other injuries. Several of the bones were extensively

2 deteriorated and fragile. But from what I could see, there

3 were no other injuries.

4 Q How -- i mentioned earlier that these were the

5 remains of Mike williams. How did we go about determining

6 that?

7 A I turned over a segment of the bone to FDLE, and

8 then it was sent to the lab and DNA testing was performed to

9 establish positive ID.

10 Q Based on everything that you were able to examine,

11 do you have an opinion as to what caused the death of Mike

12 williams?

13 A Yes. I ruled the cause of death as a shotgun wound

14 to the head.

15 Q Okay. Do you have an opinion on where he was shot

16 from, which direction?

17 A well, looking at the fracture to the skull, it

18 appeared that he had been shot in the facial area.

19 MR. ROGERS: Judge, may I approach the witness?

20 THE COURT: You may.

21 (Off-the-record discussion.)

22 BY MR. ROGERS:

23 Q I'm showing you, Dr. Flanagan, what I've marked as

24 State's Composite Exhibit A through G. without showing them

25 to the jury, can you look at them?The question as to all of

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 442

1 them is if they're fair and accurate depictions of what you

2 saw.

3 A Yes, they are.

4 MR. ROGERS: Judge, I would offer 12-A through G

5 into evidence at this time.

6 THE COURT: Any objection?

7 MR. WAY: No objection, Your Honor.

8 THE COURT: 12-A through G will be admitted.

9 (State's Exhibit Nos. 12-A through 12-G received in

10 evidence.)

11 MR. ROGERS: Permission to publish?

12 THE COURT: You may.

13 BY MR. ROGERS

14 Q Dr. Flannagan, I believe you have a laser pointer in

15 front of you.

16 A This it?

17 Q First,I want to show you whatTs been entered as

18 State's Exhibit 12-A. Can you tell the jury what this is?

19 A This was one of the initial photographs showing the

20 state of the remains with mud over it. what this is showing

21 is the shirt and how it was over the head. And that's

22 basically what kept all the bone fragments of the head

23 together, along with the pellets in the shot cup.

24 Q Moving on to 12-B. what is this?

25 A This was an x-ray of the remains in the area that

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 443

1 was shown on the previous photographs. This is the head where

2 extensive fractures and all of these small round dots, those

3 are the, the bird shot pellets.

4 Q Okay. Now, we don't see the shot cup in this x-ray,

5 right?

6 A No. It does not show up.

7 Q That's because it's plastic?

8 A Yes.

9 Q Okay. I'm showing you now what's entered as 12-c.

10 what is thisa photograph of?

11 A These were photographs taken of both -- it's

12 actuallythe forearms and the hands. And, like I said, each

13 hand wasstill in a glove. So this is -- I was able to lay it

14 out, suchas this, and take an x-ray.

15 Q On the left hand, what do you see?

16 A The --

17 Q Anything thatTs nonskeletal?

18 A Yes. There was a ring on his finger, on the left

19 hand.

20 Q showing you 12-D. is this a closeup of the left

21 hand?

22 A yeah. This is a closeup photograph of that x-ray to

23 show thering.

24 Q So the photograph of State's Exhibit 12-E, is this a

25 photographof the ring that was recovered?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER iii

1 A Yes. This is a photograph that I took after I

2 removed the ring from the glove.

3 Q This is StateTs Exhibit 12-F. what is this showing?

4 A This is a photograph of some of the bones after I

5 had washed them. And this is his mandible or his jaw. There

6 were some teeth that were loose. And then these -- the upper

7 jaw, the maxilla. And that was all fractured.

8 Q Can you show -- is the jaw fractured, as well?

9 A Yes. The jaw is in two pieces here. There's a

10 piece here that was -- I did not put in this photograph. But

11 this was just to show that there were fractures of the

12 mandible as well as the maxilla.

13 Q And that would be a fracture that's caused by

14 something outside of just regular decomposition?

15 A Yes.

16 Q Finally, this is State's Exhibit 12-G. what are we

17 looking at in this photograph?

18 A This is a photograph of the skull fragments that I

19 recovered from the head area, and these larger pieces are the,

20 the cranial cavity as far as the sides of the head and the top

21 and the back of the head. Those are larger pieces of bone.

22 And all of these smaller pieces were the fractured facial

23 bones.

24 Q Is it this photograph that would lead you to your

25 conclusion that he was shot in the face?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 445

1 A Yes.

2 (Off-the-record discussion.)

3 MR.ROGERS: Nothing further, Judge.

4 THECOURT: Cross.

5 MR.WAY: No cross, Your Honor.

6 THECOURT: Any juror have a question of this

7 witness?

8 (Noaudible response.)

9 THECOURT: All right. You can step down.

10 THEWITNESS: All right. Thank you.

11 THECOURT: Did -- I'm sorry. Did I hear something?

12 All right. You can step down.

13 Do we need to keep her further?

14 MR.ROGERS: No, your Honor.

15 THECOURT: Do you need her for any reason?

16 MR.WAY: No, Your Honor. Thank you.

17 THECOURT: All right. You're excused.

18 whydon't we take a break. Take 15 minutes. Either

19 side needanything?

20 MR.FUCHS: No, Your Honor.

21 MR.WAY: No, Your Honor.

22 (Jury exits; brief recess.)

23 THEBAILIFF: All rise. Court is back in session.

24 THECOURT: Let's have a jury, please.

25 THEBAILIFF: Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER ii.

1 (Jury enters.)

2 THE COURT: All right, If the witness would face

3 the clerk and be sworn, please. Right here.

4 Everybody else can be seated.

5 whereupon,

6 TIMOTHY LANGLAND

7 was called as a wttness, having been first duly sworn, was

8 examined and testfled as follows:

9 THE COURT: Have a seat and slide up to the

10 microphone, please, sir.

11 THE WITNESS: Thank you.

12 DIRECT EXAMINATION

13 BY MR. ROGERS

14 Q And, sir, can you please state and spell your name

15 for the court reporter?

16 A My name is Timothy J. Langland. That is spelled

17 L -A -N -G -L -A -N -D.

18 Q And, Mr. Langland, how are you currently employed?

19 A I'm associate general counsel and chief compliance

20 officer of Kansas City Life Insurance Company in Kansas City,

21 Missouri.

22 Q Okay. Can you give me a brief rundown of your, your

23 training and background before you got to that position?

24 A I have a juris doctorate law degree. i also hold

25 multiple insurance certifications, including a Chartered Life

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 447

1 underwriter, Fellow of the Life Management Institute, and I'm

2 a registered principal, which is a Series 24 in the securities

3 world. i have nearly 20 years of experience of working in the

4 insurance industry as an attorney and a compliance specialist.

5 Q All right. Also part of your job duties, you're a

6 custodianof records for Kansas City Life Insurance company;

7 is thatright?

8 A That is correct.

9 Q Okay. I want to talk to you about some records.

10 were youasked to prepare some records for this case, which is

11 the murderof Michael williams?

12 A Yes.

13 Q And those records, are they kept in the ordinary

14 courseof business?

15 A Yes.

16 Q And are they made with -- by someone that had

17 personalknowledge of the events?

18 A Yes.

19 Q And are they made at or near the time of those

20 eventshappening?

21 A They were.

22 MR. ROGERS: Judge, may I approach the witness?

23 THE COURT: You may.

24 BY MR.ROGERS:

25 Q Mr. Langland, I'm going to show you what I've marked

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER ii;

1 as State's Exhibit 13-A through 13-D. Are these the

2 records --

3 THECOURT: A through D,is that..

4 MR.HOBBS: D, as in dog. Yes, sir.

5 THECOURT: Okay.

6 BY MR. ROGERS:

7 Q Arethesepart of the records that were provided in

8 this case?

9 A Yes. The--

10 Q Andare thosefair and accurate depictions of the

11 records?

12 A Yes.

13 MR.ROGERS: Judge, I would offer State's Exhibit

14 13-A through 13-Dat this time.

15 THECOURT: Any objection?

16 MR.WAY: No objection, Your Honor.

17 THECOURT: They will be admitted.

18 (State'sExhibitNos. 13-A through 13-D received in

19 evidence.)

20 BY MR. ROGERS

21 Q Permissionto publish?

22 THECOURT: You may.

23 BY MR. ROGERS:

24 Q I'mgoingto first show you what's been marked as

25 13-A. What isthis?

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER ii.

1 A That is an application for insurance.

2 Q You have a laser pointer here.

3 A Okay.

4 Q who was applying to get insured?

5 A Jerry williams.

6 Q what was the middle initial on that?

7 A Jerry M. Williams, sorry.

8 Q Okay. And did he tell -- say what his beneficiary

9 would bein this application?

10 A Yes. Denise M. Williams, his wife.

11 Q okay. I also see a line that says, contingent

12 beneficiary. what is a contingent beneficiary?

13 A contingent beneficiary is someone who would be the

14 primary beneficiaryshould the primary beneficiary, as

15 designatedon the application, pass away or disclaim their

16 proceeds.

17 Q was there any other primary beneficiary other than

18 Denise Williams?

19 A No.

20 (Off-the-record discussion.)

21 BY MR. ROGERS:

22 Q The contingent beneficiaries, what are their

23 relationshipto -- what is their relationship to Michael

24 williams?

25 A The father-in-law and mother-in-law.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 450

1 Q Now moving on to page 2. This is more -- does this

2 show whatamount of insurance which was applied for?

3 A Yes. One million dollars.

4 Q Then I'm looking on this -- on the third page of

5 this exhibit,in the evidence of insurability section, can you

6 point tothat for the jury?

7 A (Indicating.)

8 Q was there another insurance -- life insurance policy

9 that MikeWilliams had?

10 A Yes.

11 Q Was it supplied by Kansas City Life Insurance?

12 A Yes. The insurance amount on that face policy

13 listed thereis $250,000. It preceded the million -dollar

14 applicationthat we're looking at.

15 Q Are you aware -- we'll get to that in a minute.

16 THE COURT: Is all of this part of A or are these

17 partof the --

18 MR. FUCHS: This is part of A, Your Honor.

19 THE COURT: Okay.

20 BY MR. ROGERS:

21 Q Then going on to page 4. Are -- what is this

22 showing?

23 A These are underwriting questions related to the

24 insured's-- I'm sorry. I can't quite see it there. I

25 believe relatedeither health and/or activities that they

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 451

1 undertake.

2 Q So it costs more to insure someone who goes

3 skydivingor --

4 A Correct.

5 Q -- has a dangerous job as opposed to --

6 A Or a bad health history.

7 Q Okay. And the moving on through the pages, this is

8 more ofthe health information?

9 A That's correct. Those are all health questions.

10 Q And going on to page 6, it's a civilian aviation

11 questionnaire.

12 A Yes. which was clearly left blank.

13 Q Okay. And then we skip to page 9. what were the

14 pages 7,8 -- 7 and 8 that -- had included?

15 A Those would have been further extraordinary activity

16 questionnaires,military service, things that certain

17 individualshave to fill out because either they are engaged

18 in thoseactivities or are member of the armed services. In

19 this case,clearly, Mr. williams was not. So those pages were

20 just notattached to the application.

21 Q Okay. So moving on to page 9 of the application,

22 can youtell the date that this application was filled out?

23 A Yes. It was April 18th of 2000.

24 Q Is that April 15th or 18th?

25 A Sorry. Yes, 15th.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 452

1 Q So April 15th of the year 2000?

2 A Yes.

3 Q And it contains Mike williams' signature?

4 A Yes.

5 Q who else has signed this document?

6 A The writing agent, Brian winchester.

7 Q i want to move on and show you what's been already

8 enteredinto evidence as State's 13-B. what is this?

9 A That is a claimant's statement. That is what -- the

10 form abeneficiary fills out when they are applying for the

11 proceedsafter an insurer dies.

12 Q Listed on this, is there multiple policies?

13 A Yes.

14 Q Can you point that out to the jury?

15 A Right here on this line, both of the policies with

16 KansasCity Life are listed.

17 Q And those policies correspond to the $1 million

18 applicationthat we just saw; is that right?

19 A Yes.

20 Q As well as the $250,000 policy, as well.

21 A Yes.

22 Q whose signatures do you see on this claimant's

23 statement?

24 A The beneficiary, Ms. Williams, signed here. And the

25 agent signedas witness on the second line.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 453

1 Q what date was that?

2 A It appears to be January 4th, 2001.

3 Q Are you aware if these claims were actually paid

4 after aninvestigation?

5 A Yes.

6 Q I'm going to show you what's been entered as StateTs

7 13-c. Letme see if I can get this to come in. what is this?

8 A That is a screen print from our policy

9 administrationsystem that would have been created at the time

10 the checkwas created to make the claim payment.

11 Q So when I make a claim on a life insurance, do I

12 just getthe face value of the policy, or is there something

13 additionalon top of that?

14 A Many states require that life insurance

15 companiespay claim interest in addition to the claim amount.

16 And in thiscase, in Florida, was such a state. So there was

17 interestthat was added to the amount.

18 Q what was the interest rate on this account?

19 A I believe it was eight in this claim.

20 Q okay. So what was the total amount of the check

21 that wascut in this case, for this policy?

22 A A little hard to read from up here but it --

23 THE COURT: You can hand it to him. Rather than

24 havehim guess.

25 THE WITNESS: Thank you. $264,521.55.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 454

1 BY MR. ROGERS:

2 Q And who was that check made out to?

3 A Denise Williams.

4 Q Now I'm showing you what's been entered as State's

5 Exhibit13-D. Again, what are we looking at here?

6 A It's the exact same document that we had on the

7 prior slide. This is simply on the million -dollar policy,

8 same exactdescription. It's a screen print from our policy

9 administrationsystem that would have been generated at the

10 time thecheck was cut.

11 MR. ROGERS: Judge, may I approach the witness?

12 THE COURT: You may.

13 BY MR.ROGERS:

14 Q what is the total amount of this check?

15 A One million dollars, six -- 6,200 -- 62,502.75.

16 Sorry.

17 THE COURT: Can we do that one more time, please?

18 THE WITNESS: yeah. $1,062,502.75.

19 BY MR.ROGERS:

20 Q And who was that check made out to?

21 A Also made out to Denise Williams.

22 Q How are insurance agents paid?

23 A On commission, mostly. Kansas City Life agents are

24 paid oncommission.

25 Q what type of commission is -- is it variable

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 455

1 depending on who the agent is?

2 A Yes.

3 Q what's a -- do you know specifically what Brian

4 winchester'scommission would have been?

5 A I do not know what his specific commission rate for

6 the saleof this policy was.

7 Q Are you aware of what a general range of commission

8 is?

9 A I would say in the industry it can average from

10 anywherefrom 80 percent to 120 percent of first year premium.

11 Q Are you aware, from looking at the records, what

12 first yearpremium was in this case?

13 A I believe it was $1600, approximately.

14 Q So it would have been anywhere between 80 and 120

15 percentof $1600?

16 A In that range, yes.

17 (Off-the-record discussion.)

18 MR. ROGERS: Nothing further, Your Honor.

19 THE COURT: Cross.

20 CROSS-EXAMINATION

21 BY MR. WAY:

22 Q Good afternoon, sir.

23 A Afternoon.

24 Q As it related to the -- was it the contingent

25 beneficiaries? The person who applies for the policy, they

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 456

1 pick who would be contingent beneficiaries, correct?

2 A Generally, yes.

3 Q And, in this particular case, Mr. williams selected

4 his mother and father-in-law, correct?

5 A I believe so.

6 Q You mentioned there was an investigation. In your

7 review of the record and in preparation of your testimony

8 today, did you learn there was a contestable death

9 investigation in this case?

10 A Yes.

11 Q And that contestable death investigation concluded

12 with the recommendation that the insurance monies should be

13 paid.

14 A That's correct.

15 Q Now, after the insurance monies were paid, did

16 Kansas City Life continue to receive information related to

17 the Mike williams' disappearance?

18 A Yes.

19 Q And from your review of the file and your

20 information, did Kansas City Life receive a official inquiry

21 from the State of Florida, Department of Insurance, in April

22 of 2002, indicating that there was a investigation being

23 opened by that agency?

24 A Yes.

25 Q And did you understand the Department of Insurance

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 457

1 letter to be a letter from a law enforcement agency?

2 A Yes.

3 THECOURT: Let's go, let's go to sidebar, please.

4 Let's have the court reporter, please.

5 (Sidebar discussion held.)

6 THECOURT: sorry to interrupt butIjust wanted to

7 make sure we -- if we're going to get into the insurance

8 fraud charges, then okay, if that's what you want to do.

9 But I don't want to accidentally stumble into -- going

10 into insurance fraud, the insurance fraud charges. So I

11 think we need to -- are you planing to get into that?

12 MR. WAY: No,Your Honor. I was actually done with

13 that question. Ijust wanted him --

14 THECOURT: Okay.

15 MR. WAY: -- to testify they did receive a letter in

16 2002. y next question will be: Did they receive

17 another letter from law enforcement in 2004? Yes. Done.

18 THECOURT: Okay. Well, we need to --Ijust want

19 to be careful if that's not where you -- what you want to

20 get into. I wouldn't say whether, you know, whether

21 we've opened a door at this point or not. But anyway, if

22 that's as far as you're going to take it, so be it. I

23 just put you on a heads -up. okay?

24 MR. WAY: Yes, sir.

25 (Sidebar discussion concludes.)

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 THE COURT REPORTER: I'm ready, Your Honor.

2 MR. WAY:

3 Q Mr. Longland [sic], did -- based on your review of

4 the records and the information, did your life insurance

5 company also receive a law enforcement inquiry in 2004?

6 A Yes.

7 MR. WAY: Nothing further, Your Honor.

8 THE COURT: Redirect?

9 MR. ROGERS: No, Your Honor.

10 THE COURT: All right. Any juror have questions of

11 this witness?

12 (No audible response.)

13 THE COURT: All right. You may step down. Do we

14 need to keep him any further?

15 MR. ROGERS: No, Your Honor.

16 MR. WAY: No, Your Honor.

17 THE COURT: All right. You're excused. Thank you

18 for being here.

19 THE WITNESS: Thank you.

20 (Witness exits.)

21 THE COURT: Call your next witness.

22 MR. ROGERS: State will call Chad Carpenter.

23 (Pause.)

24 THE COURT: Come on up here, please, sir. If you

25 would face the clerk here and raise your right hand,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 459

1 please.

2 THE WITNESS: All right.

3 whereupon,

4 CHAD CARPENTER

5 was called as a wttness, having been first duly sworn, was

6 examined and testfled as follows:

7 THE COURT: Have a seat. Slide up to the

8 microphone, please, sir.

9 You may proceed.

10 DIRECT EXAMINATION

11 BY MR. ROGERS:

12 Q Sir, can you please state and spell your name?

13 A Chad Carpenter, C --

14 Q And spell your name. I'm sorry.

15 A All right. C -H -A -D, C -A -R -P -E -N -T -E -R.

16 Q Mr. Carpenter, how are you currently employed?

17 A I'm currently employed at Country Life as a claims

18 manager.

19 Q okay. Tell me a little bit about your employment

20 and educational background.

21 A I've been with Country Life, let's see, 16 years.

22 worked ten years prior to that at a different insurance

23 company. Educational background, I have earned an

24 undergraduate degree at Western Illinois University. And then

25 a master's degree at Northern Illinois University. And the --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 Q Okay.

2 A Sorry.

3 Q You're, you're currently working for Country Life

4 Insurance,right?

5 A Correct.

6 Q Are you aware of the name Cotton States Life

7 Insurance?

8 A Yes. Cotton States Life Insurance Company is a

9 companythat we purchased back in 2004.

10 Q Okay. Are you a custodian of records for Country

11 Life, aswell as now Cotton States?

12 A Yes. Country Life, I'm the custodial record keeper

13 for allof Country Life's claims, as well as policy stuff.

14 And thatwould include the Cotton States information that we

15 purchasedin 2004.

16 MR. ROGERS: Judge, may I approach?

17 THE COURT: You may.

18 BY MR. ROGERS:

19 Q I'm showing you what we've marked as State's Exhibit

20 14-A, B,C, and D. Are those part of the records that you

21 were requestedto provide in this case?

22 A Yes. we were requested to provide these records.

23 Q And they' re fai r and accu rate depi cti ons of those

24 records?

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 461

1 MR. ROGERS: Judge, I would offer 14-A through 14-D,

2 asin dog, at this point.

3 THE COURT: Any objection?

4 MR. WAY: No objection, Your Honor.

5 THE COURT: They will be admitted.

6 (State's Exhibit Nos. 14-A through 14-D received in

7 evidence.)

8 MR. ROGERS: Permission to publish, Your Honor?

9 THE COURT: You may.

10 BY MR.ROGERS:

11 Q And, Mr. Carpenter, kind of -- just kind of walk

12 throughthis. I believe you have a laser pointer in front of

13 you. I'mgoing to show you what's been entered as 14-A at

14 this point. And what do you see in 14-A?

15 A That is Cotton States Life application. It was one

16 that waspro -- filled out to get the insurance.

17 Q And who filled out the -- who is the proposed

18 insuredin this case?

19 A Williams.

20 Q Michael williams?

21 A Mike williams. yeah, Michael Williams.

22 Q And how much was the face amount for this policy?

23 A The face amount was the 500,000.

24 Q Was there a beneficiary for this policy?

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 462

1 Q And who is that beneficiary?

2 A Denise Williams.

3 Q Okay. And what was that relationship?

4 A wife.

5 Q And what was her birthday?

6 A 3/7 of '70.

7 Q All right. And, finally, on the last pageof

8 State'sExhibit 14-A, who is this signed by?

9 A I believe that's Mr. Williams' signature. And then

10 the agent'ssignature down there.

11 Q And who's the agent in this case?

12 A Stansel.

13 Q Okay. Looking at the date that this was filledout,

14 can youmake out what that date is, or, from the restof the

15 recordsthat you reviewed, are you aware of when thepolicy

16 was appliedfor?

17 A yeah. It looked like 3/27 of T01.

18 Q Going back through your records, though, isthat --

19 is it '01or is it actually 2000?

20 A Or it might have been 2000, if I remember,looking

21 at theinformation from the, the system log.

22 Q Okay.

23 A As well as Backpage.

24 Q So its fair to say that this was --

25 A That was --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 463

1 Q -- applied for in --

2 A -- 2000.

3 Q -- March of 2000?

4 A Yes.

5 Q Now I'm showing you what's been entered as 14-B.

6 what isthis?

7 A That is Country Life -- or I'm sorry, Cotton States

8 claim form for a death.

9 Q Okay.

10 A So a beneficiary fills out the information to

11 start --initiate the claim.

12 Q Okay. And who is that filled out by?

13 A Signature is Denise williams.

14 Q And does it have a date?

15 A Yes. September 9th but it's cut off on that

16 version. September 19th.

17 Q okay. Now I'm showing you what's been entered as

18 14-C. what is this?

19 A That would have been the settlement letter that

20 Kathy Gray (phonetic) sent out when they sent the check for

21 the claim.

22 Q okay. what was the total amount of the check?

23 A It's hard to read from here but it's five --

24 MR. ROGERS: May I approach the witness, Judge?

25 THE COURT: Please do.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER isA

1 THE WITNESS: yeah. The amount was $504,453.46.

2 BY MR. ROGERS:

3 Q That's greater than the face amount of the policy.

4 Why is that?

5 A That would have been due to the interest, just

6 additional interest proceeds play -- paid on it.

7 Q And then I'm showing you what's been entered as

8 State's Exhibit 14-D. What is this a copy of?

9 A That would have been a copy of the check when it

10 was -- after it was cashed. So it would have been our actual

11 check payment and then endorsement side.

12 Q And who is that check made out to?

13 A Denise Williams.

14 (Off-the-record discussion.)

15 MR. ROGERS: Nothing further, Your Honor.

16 THE COURT: Cross.

17 MR. WAY: No cross, Your Honor.

18 THE COURT: All right. Any juror have a question of

19 this witness? All right, If not, you may step down. Do

20 we need to keep him any further?

21 MR. ROGERS: No, Your Honor.

22 MR. WAY: No, Your Honor.

23 THE COURT: All right. You're excused. Thank you

24 for being here. Free to go.

25 (Witness exits.)

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 465

1 THE COURT: Call your next witness.

2 MR. ROGERS:

3 (Pause.)

4 THE CLERK: If you'll raise your right hand.

5 whereupon,

6 WILLIAM MICKLER

7 was called as a wttness, having been first duly sworn, was

8 examined and testfed as follows:

9 THE COURT: You may proceed.

10 DIRECT EXAMINATION

11 BY MR. FUCHS:

12 Q Good afternoon, sir.

13 A Good afternoon.

14 Q Can you please introduce yourself to the jurors?

15 A My name is William Mickler.

16 Q And, Mr. Mickler, are you employed?

17 A lam.

18 Q where are you employed at?

19 A I'm employed by the Florida Department of Law

20 Enforcement.

21 Q what do you do for the Florida Department of Law

22 Enforcement?

23 A I'm currently a special agent and supervisor

24 assigned to the Office of Statewide intelligence.

25 Q what does that mean?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 A I supervise the domestic security intelligence

2 componentof 051, as well as the cyber intelligence component

3 of 051.

4 Q How long have you been in that position?

5 A Since October.

6 Q of this year?

7 A Yes, sir.

8 Q Prior to that position, what was your assignment at

9 FloridaDepartment of Law -- or were you working at Florida

10 Departmentof Law Enforcement?

11 A Iwas.

12 Q What was your capacity at that point?

13 A I was a special agent assigned to the violent crimes

14 squad withinthe Tallahassee Regional operations Center.

15 Q And what does that mean?

16 A That means that I was sent to investigate violent

17 crimes,person crimes, crimes against children.

18 Q How long have you been with the Florida Department

19 of LawEnforcement?

20 A Five years.

21 Q Do you have any prior law enforcement experience --

22 A Yes --

23 Q -- than that?

24 A -- sir. Yes, sir,I do.

25 Q what is that?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 467

1 A I spent just under six years with the Kissimmee

2 policeDepartment in Kissimee, Florida.

3 Q okay. So all in all we're talking about 12 years?

4 A Ten years, sir.

5 Q Ten years. Okay. My math -- that's why I'm a

6 lawyer. I can't do math. In your capacity at the Florida

7 Departmentof Law Enforcement, as a special agent

8 investigator,did you have occasion to become involved in the

9 investigationregarding the disappearance turned into a murder

10 of Mikewilliams?

11 A Yes, I did.

12 Q How did you become initially involved?

13 A I was brought onto the investigative team, because I

14 was onthe violent crimes squad.

15 Q when was that?

16 A Probably would have been 2015, 2016, sometime in

17 there.

18 Q okay. was your involvement in the investigation

19 prior toMr. winchesterTs arrest for the kidnapping of Denise

20 williams?

21 A I'm sorry. say that again.

22 Q were you on the team prior to winchesterTs arrest

23 for thekidnapping of Denise williams?

24 A Yes, sir.

25 Q okay. So you were on the team at that particular

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 time, correct?

2 A Yes, sir.

3 Q Okay. At some point law enforcement, through the

4 State Attorney'sOffice, as well as involvement with the

5 FloridaDepartment of Law Enforcement, conducted a proffer

6 agree --proffer statement with Mr. Winchester, correct?

7 A Yes, sir.

8 Q And were you involved in that?

9 A Iwas.

10 Q where were you -- how were you involved in that?

11 A I was able to monitor the proffer as it was going

12 on.

13 Q And it's my understanding that you had been in

14 communicationwith the state attorney investigator, Jason

15 Newlin,correct?

16 A That's correct.

17 Q Following that statement, did you have further

18 involvementon that day?

19 A i did.

20 Q Okay. And what was that?

21 A we went out to an undeveloped area off of Gardner

22 Road thatdeaded into Carr Lake.

23 Q Okay. And my understanding is there are other --

24 anotherFlorida Department of Law Enforcement investigator

25 involvedat that particular time, too.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 A There was.

2 Q who was that?

3 A It was Special Agent Mike Devaney.

4 Q Okay. And following -- why was that you went to the

5 Gardner Road area?

6 A Because Mr. Winchester indicated that he would take

7 the investigators out to where the body of Mike Williams was

8 disposed.

9 Q Once he took every -- law enforcement out to that

10 location, did you and Mr. -- Agent Devaney assume a role in

11 making sure that that body was searched for at that location?

12 A we did.

13 Q How was it that you went about going to do that?

14 A I authored a search warrant for the area. And then

15 we coordinated, ensuring the right amount of personnel and,

16 and property that would be needed to forensically excavate the

17 area and find human remains.

18 Q why a search warrant for just an area off Carr Road?

19 A Because the condition of the, of the land. It would

20 have required the removal of dirt and trees and other, other

21 items of vegetation that could -- we could have been bound by

22 different rules and regulations in the removal of those, those

23 things without a search warrant.

24 Q Fair to say that the, the search for Mr. Williams'

25 remains was a very unique situation?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 470

1 A Itwas.

2 Q DonTt normally have to do -- and we've already had

3 ward Schwoob. You know who he is, correct?

4 A Ido.

5 Q And who was he involved in your investigation?

6 A He's the crime scene analyst supervisor over the

7 crime scene unit.

8 Q DonTt normally have to do coffer dams. Don't

9 normally have to use excavators and things of that nature,

10 correct?

11 A I've never been involved in that before.

12 Q okay. And itTs my understanding that the remains

13 were identified as Mr. williams, correct?

14 A Correct.

15 Q At that point, the investigation takes on a

16 different -- based upon the identification determination, it

17 was in fact a homicide -- as well as statements of

18 Mr. Winchester. It takes on a different role from the

19 suspicious persons and moved into a murder investigation; is

20 that correct?

21 A That's correct.

22 Q At some point did Florida Department of Law

23 Enforcement attempt to do a -- I think you referred to it as a

24 bump with Denise Winchest -- or Denise Williams.

25 A we did.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 471

1 Q what is that?

2 A A bump is a controlled contact between either a

3 confidential source or a undercover agent that's acting -- or

4 agent that's in an undercover capacity in order to try to

5 contact a person.

6 Q Okay. And what would be the purpose of doing that?

7 A To elicit contact or information from the person

8 that is, that is bumped.

9 Q Okay. In this situation, how did you go about doing

10 so?

11 A Another special agent was under the undercover role

12 of someone named Chuck. And he went to Ms. Williams' place of

13 employment and bumped into her in the parking lot.

14 Q Okay. And were you able to glean any information or

15 did it -- I guess, did it work?

16 A No.

17 Q Okay. what happened?

18 A Agent Greene approached Ms. Williams and initially

19 said something to her to the effect of, my name is Chuck and I

20 served time in the -- in the jail with Mike. At that point,

21 Ms. Williams screamed, get away from me and proceeded to the

22 building where she worked.

23 Q Okay. And then she, in fact, called law

24 enforcement, Florida State university police Department.

25 A I was told she did. Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 472

1 Q Okay. Based upon that, did you have to take steps

2 to keep Florida Department of Law -- I mean, Florida State

3 University Police Department from investigating your agent?

4 A wedid.

5 Q okay. what was that?

6 A I contacted Sergeant wooten, who was the Sergeant

7 over investigations at FSUPD and advised him that we would be

8 in their jurisdiction and what we were going to be doing.

9 Q Okay. Fair to say this is a,I guess, a close -kept

10 secret of what you're doing?The more people know, the -- it

11 may not work, correct?

12 A Correct.

13 Q And it didn't work, actually, after all.

14 A Correct.

15 Q Did sergeant wooten with the Florida State

16 University police Department assume a role as if he was the

17 lead investigator for Florida State University police

18 Department towards Ms. williams?

19 A Initially, yes.

20 Q You say initially. Did something change?

21 A Yes.

22 Q Okay. what changed?

23 A we later instructed sergeant wooten to advise

24 Ms. Williams to -- that Florida Department of Law Enforcement

25 was going to take lead on this investigation because of our

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 473

1 ability to exploit telephone records and, and different things

2 and our cyber capabilities.

3 Q up to that point, is it your understanding that

4 Ms. williams was in direct contact and constant contact with

5 sergeant wooten at the FSU Police Department?

6 A That's my understanding.

7 Q Former to be -- after she had been told that Florida

8 Department of Law Enforcement is taking over the

9 investigation, did you attempt to reach out and talk to

10 Ms. williams?

11 A Idid.

12 Q Did she respond to your communications?

13 A No, sir.

14 Q Did she return any of your phone calls?

15 A No, sir.

16 Q Did she reach out and call you?

17 A No, sir.

18 Q Text you?

19 A No, sir.

20 Q Any communication at all with her?

21 A I did have communication with her the -- I believe

22 aroundthe 18th of December, 2017, when I reached out and

23 calledher and, and we spoke.

24 Q Okay. And that was the nature of that?

25 A That I would like to sit down and talk to her

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 474

1 regarding the incident that happened at FSU.

2 Q okay. But up to that point, no communication,

3 correct?

4 A No, sir.

5 Q And it's my understanding that would be about the

6 same timeyou informed her of Mike Williams being deceased in

7 a murder?

8 A That was several days later.

9 Q At some point did Florida Department of Law

10 Enforcement recruit a -- what would have been, at that time, a

11 confidential source?

12 A Yes, sir.

13 Q And who was that?

14 A Kathy Thomas.

15 Q Who is Kathy Thomas?

16 A The former spouse of Brian Winchester.

17 Q okay. So formerly Ms. Kathy Winchester?

18 A Yes, sir.

19 Q what was the intention of recruiting Ms. Thomas?

20 A She was still in regular communication with

21 Ms. williams, and she had a very vast understanding of the

22 relationships between all the parties involved.

23 Q okay. In recruiting her as a source, did Florida

24 State univer -- I mean, did Florida Department of Law

25 Enforcement take any steps to try and do a recording,

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 475

1 controlled calls, if you will?

2 A wedid.

3 Q what is a controlled call?

4 A controlled call is where the source is given

5 parametersor directions as to what should be discussed. And

6 the call isrecorded.

7 Q when you say given parameters about what should be

8 discussed,what does that mean?

9 A That means that law enforcement says, this is the

10 information that we're looking to glean from this call. These

11 are the thingsyou can say. These are the things that you

12 cannot do.

13 Q when you say these are things you can do and can't

14 do, what,what are we talking about?

15 A where there's any type of promises made to the

16 person orany type of information that, that we would not want

17 to get outto the public.

18 Q Okay. Did you take those steps with Ms. Thomas?

19 A we did.

20 Q Did you help her,I guess, for lack of a better

21 term, writea script or talk about -- come up with the things

22 that weregoing to need to be said in order to try and get a

23 controlledcommunication?

24 A we did.

25 Q Okay. And, to your knowledge, was she able to get a

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 476

1 controlled conversation with Ms. Denise williams?

2 A she was.

3 Q Now, in order to control a conversation, is there

4 anything that is done by Florida Department of Law Enforcement

5 in order to record those communications?

6 A There is.

7 Q How do you go about that?

8 A There -- a recorder was provided to Ms. Thomas that

9 had a microphone that is placed in the, the ear of the person

10 making the call. So that way the micro -- it's a two-way

11 microphone. It picks up not only what's being said over the

12 telephone but what's being said by the person in possession of

13 that recording.

14 Q okay. Now, it's my understanding that Ms. Thomas

15 did not reside in Leon county at that particular time.

16 A That is correct.

17 Q So how is it that you're able to provide this

18 equipment and get the recording and things of that nature?

19 A She was in Tallahassee, and so it was provided to

20 her when she was here.

21 Q Okay. And there was, in fact, a recording, probably

22 more than one, over that time period, correct?

23 A There was.

24 Q And how is it that you were able to secure that

25 actual recording?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 477

1 A Ms. Thomas sent it back.

2 Q Via how?

3 A The US Mail.

4 Q Okay. So she mailed it back to you?

5 A Yes.

6 Q The device records how? Is it a USB port? I

7 mean...

8 A It -- it's a digital recorder. So the recording is

9 retrievedthrough a USB port and then onto a computer.

10 Q So when you say she sent it back, she sent you the

11 entire recorder back?

12 A She did.

13 Q Okay. Not just a file or something along those

14 lines?

15 A Correct.

16 Q During the time frame in which she was the source in

17 doing these communications, did you maintain contact with her?

18 A i did.

19 Q Okay. Phone calls, text messages, things along

20 those lines.

21 A That's correct.

22 MR. FUCHS: One moment.

23 (Off-the-record discussion.)

24 MR. FUCHS: No further questions.

25 THE COURT: Cross.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER p1

1 CROSS-EXAMINATION

2 BY MR. WAY:

3 Q Good afternoon, Agent Mickler.

4 A Good afternoon, sir.

5 Q All right. I need some help understanding this.

6 You were -- let's talk about time line. Were you aware that

7 Ms. Williams was the victim of an armed kidnapping on August

8 5th, 2016?

9 A Iwas.

10 Q And are you aware that during the course of that

11 investigation into the armed kidnapping of Brian Winchester

12 that Special Agent Devaney had actually gone and spoken with

13 Ms. Williams at the Leon county jail?

14 A I'm not aware if he spoke with her at the jail. No,

15 sir.

16 Q Did you ever review or have any reference to any

17 communications that Agent Devaney had with Ms. Williams on

18 August 5th, 2016?

19 A He spoke with her at the Sheriff's Office, if thatTs

20 what you're referring to.

21 Q yeah, the Sheriff's Office.

22 A Yes, sir. I was aware that he spoke to her there.

23 Q You were just aware -- were you present for the

24 conversation or --

25 A No, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 479

1 Q Did you review it later on video or audio or

2 anythingof that nature?

3 A No, sir.

4 Q He just kind of filled you in on what happened.

5 A Yes, sir.

6 Q Okay. That was approximately 14 months before we --

7 you triedthis thing called the bump, correct?

8 A Correct.

9 Q Okay. And at this point in time, in October of

10 2017, Ms.Williams is still the victim in the aggravated -- or

11 I'm sorry,not aggravated but the armed kidnapping, and

12 Mr. BrianWinchester is yet to be sentenced; is that your

13 understanding?

14 A That's my understanding.

15 Q And in October -- on October 9th of 2017,

16 Mr. Winchestergives his first statement to law enforcement as

17 it relate-- under that proffer agreement, correct?

18 A Yes, sir.

19 Q And that proffer agreement is really an immunity

20 deal. He'snot going to be charged, based on what he says,

21 with themurder of Mike Williams.

22 A That was my understanding.

23 Q And you were not in the room for that interview.

24 You watchedremotely?

25 A Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q And in that proffer -- in that, I guess, immunity

2 interview,Mr. winchester admitted that he killed Denise

3 williams'husband, Mike williams.

4 A Yes, sir. That's correct.

5 Q So you know she's a widow and you now know, based on

6 his ownadmission, who her husband's killer is.

7 A Correct.

8 Q And thereafter, the Florida Department of Law

9 Enforcementsets up this undercover bump scenario.

10 A Yes, sir.

11 Q And you're going to utilize subterfuge and have

12 agentspretend to be people to approach her in a parking lot

13 at herwork.

14 A Yes, sir.

15 Q And when that person approached her, it scared her

16 and sheran into her place of employment.

17 A Is that a question?

18 Q Yes.

19 A Yes, she did.

20 Q So, basically, this person approaches her, she

21 screams,she runs inside.

22 A Correct.

23 Q And thereafter starts this chain of events where law

24 enforcementhas to, essentially, misrepresent to Ms. williams

25 what actuallyhappened to her in the parking lot of her own

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 place of employment; isn't that correct?

2 A I'm not sure how they were representing to her -- or

3 representedto her, sir. I didn't speak with her.

4 Q well, you had spoken with Sergeant Wooten at FSU

5 policeDepartment, correct?

6 A i did.

7 Q was sergeant wooten instructed that if he was to

8 receive-- or if FSU Police Department was to receive a call

9 that Ms.Williams was approached by a strange man at her

10 parkinglot at that university, was sergeant Wooten instructed

11 to tellher the truth and say, well, that was just an

12 investigativetechnique?

13 A No, sir.

14 Q He was instructed to treat it like it was a real

15 threatto her and initiate an investigation.

16 A He was told that he would be the, the lead

17 investigatoron it.

18 Q The lead investigator into a nonexistent crime.

19 A Correct.

20 Q Basically to lie to her.

21 A Yes, sir.

22 Q Now, thereafter -- or were you made aware that in

23 a -- asits relate to that bump, that lie to her on that day

24 at theFSU -- at her office, were you aware that she had

25 actuallyalso spoken to Kathy Thomas that day, as well?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A I don't remember that.

2 Q But Ms. williams spoke with Ms. Thomas quite

3 frequently, didn't she?

4 A It's my understanding. Yes, sir.

5 Q And, to some extent, almost daily.

6 A That's my understanding.

7 Q And when you received back the digital tape recorder

8 with allthe information on it, there were a lot of phone

9 calls, weren't there?

10 A No, sir.

11 Q She only recorded -- how many phone calls did she

12 record?

13 A she recorded one call with Ms. Williams.

14 Q She didn't record all of her calls with

15 Ms. Williams?

16 A No, sir.

17 Q Do you know how many calls Ms. Thomas may have had

18 with Ms.Williams in your time frame of the investigation?

19 A Idonot.

20 Q Approximately how long was the time frame of your

21 investigation as relates to this recording scenario?

22 A It started in -- sometime in mid January, I would, I

23 would guess into February.

24 Q This --

25 THE COURT: What year are we talking about?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 THE WITNESS: I'm sorry. 2018.

2 MR. WAY:

3 Q was less than a month or was it, perhaps, a month or

4 perhaps over a month?

5 A Approximately a month. Maybe a month and a half.

6 Q Going back to this bump, as you call it, at the --

7 at Florida State university, was there a note that was placed

8 on Ms. williams' car?

9 A There was.

10 Q And did Ms. Williams turn that note into law

11 enforcement immediately?

12 A My understanding is she did.

13 Q And that note was authored by FDLE?

14 A It was authored by an agent. Yes.

15 Q It was a setup. It was a fictitious letter that was

16 written with the efforts to try to facilitate something out of

17 this bump, wasn't it?

18 A Yes, sir.

19 Q At the time that you -- whose idea was it to do the

20 bump?

21 A It would have -- the investigative team in a

22 brainstorming session. I don't know who actually came up with

23 the actual idea.

24 Q Did anyone give any thought to the idea that

25 approaching a woman whoTd been kidnapped at gunpoint less than

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER i;i

1 a year before, approaching her in a menacing manner at her

2 place of employment, was a pretty cruel thing to try to do?

3 A I don't believe the approach was menacing. But that

4 was not considered. No, sir.

5 Q Just didn't think about how she would react to what

6 you were doing?

7 A No, sir.

8 MR. WAY: Nothing further, Your Honor.

9 THE COURT: Redirect.

10 CROSS-EXAMINATION

11 BY MR. FUCHS:

12 Q Investigator Mickler, it's my understanding that

13 when Mr. -- Agent Devaney met with Ms. Williams that he made

14 it clear that Florida Department of Law Enforcement was

15 investigating the disappearance of Mike Williams, correct?

16 A That's my understanding.

17 Q And then throughout the course of this bump and

18 following this bump, she was maintaining constant informa --

19 constant contact with Florida Department -- with FSU police

20 Department, correct?

21 A That's my understanding. Yes, sir.

22 Q And as soon as she found out that Florida Department

23 of Law Enforcement was assuming the investigation, she stopped

24 communication; did she not?

25 A With me, yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 MR. FUCHS: No further questions.

2 THE COURT: All right. Any juror havea question of

3 this witness?

4 All right. You can step down.

5 Call your next.

6 (witness exits.)

7 MR. ROGERS: The state calls SergeantWooten.

8 (Pause.)

9 THE COURT: All right, If youTd facethe clerk and

10 be sworn, please, sir.

11 THE CLERK: Raise your right hand.

12 whereupon,

13 RICHARD WOOTEN

14 was called as a wttness, having been first dulysworn, was

15 examined and testfed as follows:

16 THE COURT: You may proceed.

17 DIRECT EXAMINATION

18 BY MR. ROGERS:

19 Q All right, sir, can you please state and spell your

20 name for the record?

21 A Sergeant Richard wooten, w -O -O -T -E -N.

22 Q All right. And Sergeant, how are youcurrently

23 employed?

24 A FSU police Department.

25 Q And how long have you been in law enforcement?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURTREPORTER 1 A Fifteen and a half years, just over.

2 Q Has all that time been with FSU?

3 A Yes, sir.

4 Q All right. Tell the jury a little bit about what

5 your duties are as a sergeant.

6 A So I'm a sergeant of the investigative unit. I

7 oversee the day-to-day operations of investigations. And I

8 also carry a caseload.

9 Q Okay. I want to bring you to a case against Denise

10 williams. were you contacted by the Florida Department of Law

11 Enforcement in reference to this case?

12 A Yes, sir,I was.

13 Q All right. And were you essentially read into the

14 case at that point?

15 A Yes, sir.

16 Q what was explained to you that was going to happen?

17 A So they basically asked me -- they were telling me

18 that they were going to come on our campus. And they

19 basically said that they were going to reach out to

20 Ms. Williams on, on our campus. And, and they wanted us to

21 know. And, and from that point I was going to take over if

22 they called law -- if she called law enforcement, I was going

23 to take over the investigation.

24 Q when you say reach out, they were reaching out in an

25 undercover capacity; is that your understanding?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A Yes, sir.

2 Q And did you eventually get a call to start

3 investigatingwho reached out to Denise williams?

4 A Yes, sir.

5 Q All right. Did you ever speak with Denise williams?

6 A Yes, sir,I did.

7 Q Okay. Now, did you speak with her, initially? were

8 you the initialresponding officer?

9 A Iwasnot.

10 Q It was another one of FSU's patrol officers?

11 A Yes, sir.

12 Q okay. At some time -- point later, you took over

13 that investigation?

14 A That is correct.

15 Q why did you take over the investigation?

16 A Because I had knowledge of it and -- so they were,

17 they werebasically telling me how I was going to handle the

18 situation.

19 Q Okay. How many times would you say you had contact

20 with Denisewilliams?

21 A I'm not sure of exact number but several.

22 Q All right, would you describe her as cooperative?

23 A Yes, sir.

24 Q Can you explain that to the jury in a little bit

25 more detail?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A So when I called her, she called me back. And she

2 would reach out to me on a daily -- you know, on -- you know,

3 routinely trying to get an update on the case. And, you know,

4 asking what we've done and that sort of thing.

5 Q okay. So sometimes she would call you; is that

6 fair?

7 A Yes, sir.

8 Q And sometimes you would call her?

9 A Yes, sir.

10 Q And was she concerned about the case?

11 A Absolutely.

12 Q was she, in your opinion, interested in getting to

13 the bottom of it?

14 A Yes, sir.

15 Q Did she ask about specific types of evidence that

16 could be collected?

17 A Yes, sir.

18 Q what type of evidence was she interested in finding?

19 A she wouldn't -- you know, anything that we could do

20 to try to figure out who the person was that approached her in

21 the parking lot.

22 Q okay. At some point did you inform her that the

23 investigation -- that you would like her to reach out to

24 someone else?

25 A I,I was instructed to connect her with FDLE. And,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER i;s

1 and that's what I did.

2 Q And how did you do that with her?

3 A I can't remember exactly if, if I told her to con --

4 I believeI told her that the FDLE cyber crimes people would

5 be in touchwith them, and, and at that point they were going

6 to handlefrom there, because that's more their expertise.

7 Q So you put her into communication with Florida

8 Departmentof Law Enforcement.

9 A That is correct. I opened up the communication line

10 with them.

11 Q Did you give her a name of the Florida Department of

12 Law Enforcementagent that would be contacting her?

13 A I believe it was Special Agent Mickler.

14 Q Mickler?

15 A Mickler, Mickler. Sorry.

16 Q During your time of investigating this, this bump,

17 did you everhave trouble communicating with Denise williams?

18 A No, sir.

19 MR. FUCHS: Nothing further.

20 THE COURT: Cross.

21 CROSS-EXAMINATION

22 BY MR. WAY:

23 Q Good afternoon, Sergeant wooten.

24 A Hey. Good afternoon.

25 Q You're a likeable guy, aren't you?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 A I hope so.

2 Q And when you had interactions with Ms. Williams,

3 were yourespectful?

4 A Yes, sir.

5 Q Did you seem concerned about her situation, about

6 having beenapproached on the FSU campus by, by a stranger?

7 A Yes, sir.

8 Q And she seemed genuinely scared and concerned about

9 what happenedto her?

10 A Yes, sir.

11 Q But during this time, of course, you knew that was,

12 that wasa lie. You knew that had just been some kind of

13 investigativesetup by FDLE.

14 A Yes, sir.

15 Q But, but you continued to -- I want to say play

16 along andtalk with her and she talked with you?

17 A Yes, sir.

18 Q And no, no problems, no difficulty at all?

19 A with her -- communicating with her?

20 Q Yes, sir.

21 A No, sir.

22 Q You think that you and her had established a

23 rapport?

24 A I believe so.

25 Q The investigation, when you turned it over to FDLE,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 491

1 did you tell her exactly why it was being turned over to FDLE?

2 A Again,I don't remember exactly what I said verbatim

3 but is-- I,I turned it over to the cyber unit at FDLE,

4 becauseit's more of their specialty.

5 Q But really you were directed to try to get her in

6 contactwith Agent Mickler, correct?

7 A I was,i was trying to get them connected so they

8 would,they would communicate.

9 Q Agent Mickler was not with the cyber crime division,

10 was he?

11 A No, sir.

12 MR. WAY: Nothing further, Your Honor.

13 THE COURT: Redirect?

14 MR. ROGERS: Nothing further, Judge.

15 THE COURT: All right. Any juror have a question of

16 thiswitness?

17 (No audible response.)

18 THE COURT: All right. You can step down.

19 THE WITNESS: Thank you.

20 THE COURT: Do we need to keep him any further?

21 MR. FUCHS: No, Your Honor.

22 THE COURT: Do you need him for any reason?

23 MR. WAY: No, Your Honor.

24 THE COURT: You're excused.

25 THE WITNESS: Thank you.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 492

1 THE COURT: Thank you for being here.

2 Call your next witness.

3 MR. FUCHS: Your Honor, the State would request the

4 afternoon break right now, if you don't mind.

5 THE COURT: All right. we're about due for that.

6 we'll take 15 minutes.

7 MR. FUCHS: Thank you.

8 (Jury exits.)

9 THE COURT: Either side need anything?

10 MR. FUCHS: No, Your Honor.

11 MR. WAY: No, Your Honor.

12 THE COURT: Okay.

13 (Brief recess.)

14 THE BAILIFF: All rise. Court is back in session.

15 THE COURT: Let's have a jury, please.

16 THE BAILIFF: Yes, sir.

17 (Jury enters.)

18 THE COURT: Everybody be seated.

19 Ma'am, if you would stand, please, and face the

20 clerk. Raise your right hand.

21 whereupon,

22 JOANI SCANDONE CHASE

23 was called as a witness, having been first duly sworn, was

24 examined and testfed as follows:

25 DIRECT EXAMINATION

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 493

1 BY MR. FUCHS:

2 Q Good afternoon.

3 A Good afternoon.

4 Q Can you please introduce yourself to the jurors?

5 A My name is Joani Scandone Chase. And I am a retired

6 TallahasseePolice officer.

7 Q Can you please spell your first, middle, and last

8 name forMadam Reporter?

9 A Absolutely. J -O -A -N -I, S -C -A -N -D -O -N -E, C -H -A -S -E.

10 Q Okay. And you said you're a retired Tallahassee

11 policeofficer.

12 A Yes, sir.

13 Q How long were you with Tallahassee police

14 Department?

15 A A little over 24 years when I retired.

16 Q And when did you retire?

17 A Five years ago.

18 Q Okay. By my calculations, that means you were

19 workingback in December of 1999.

20 A Yes, sir,I was.

21 Q what were your duties back then?

22 A I had -- I was working road patrol in the northeast

23 part ofTallahassee.

24 Q what does that mean?

25 A I had a squad -- I was a sergeant, and I had a squad

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER AlA

1 of officers. And we took all calls for service and did

2 proactivepatrol, you know, looking for things that seemed out

3 of placeor, or traffic violations during our shift.

4 Q Okay. And would that mean you're a uniformed

5 officer ina marked unit?

6 A Yes,Iam.

7 Q just like the Tallahassee police cars that we see

8 out thereevery day?

9 A Yes. But older.

10 Q Yeah. A little bit older and a different paint

11 scheme, maybeeven.

12 A Yes, sir.

13 Q Okay. Back in December of 1999, did you have an

14 occasionto run across a larger Suv in the parking lot of the

15 Grace LutheranChurch off Miccosukee Road?

16 A Yes, sir,I did.

17 Q It was a long time ago. why would that stand out to

18 you?

19 A Just the totality. Initially, when I arrived there,

20 i thoughtthat perhaps it was a stolen vehicle, because that

21 was a crimetrend at that time. And it had a baby car seat.

22 And therewas no other car in the church. And it was a little

23 later inthe evening.

24 So I ran the tag and asked our dispatch officers to

25 identifyif it was a stolen vehicle. They indicated it was

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 495

1 not. And then they were able to give me a phone number for

2 the registered owner.

3 Q Okay. You said you ran the tag. I'm -- do you

4 remember what that tag was at this time?

5 A I don't remember it off the top of my head. And the

6 dispatch report for that time, they're purged after, like,

7 three years.

8 Q Okay. So going back and finding out exactly what

9 that information was, at this point, you attempted but can't

10 get it; is that correct?

11 A That is correct.

12 Q You do say you remember calling someone and talking

13 to them?

14 A Yes, sir,I do.

15 Q what do you remember about that?

16 A I remember calling and a female answered. And I

17 asked if they owned the vehicle. I gave a description of it.

18 I gave the tag number.

19 Q Let me stop you right there. what was the

20 description you gave?

21 A A larger suv that had had a baby car seat in it and

22 where it was parked. I can't remember the exact color at this

23 point.

24 Q Okay. Do you remember the type of vehicle it was,

25 other than a large Suv?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 A No. I just remember that it was a large Suv.

2 Q okay. So you called that particular person, the

3 phone numberyou got?

4 A Yes, sir,I did. And they indicated that, yes, that

5 was theirvehicle and that her husband had that vehicle and

6 was at aout-of-state hunting trip.

7 Q okay.

8 A And it should not be there is what she said to me.

9 Q Okay. Did you take any further action on that

10 vehicle atthat time?

11 A No,I did not. She -- I did get a call back at some

12 point andwas told -- and I can't remember from who -- that,

13 in fact,a family member, I think a father, had gone to the

14 church andthe vehicle was no longer there. And I also spoke

15 with thisfather in the lobby of the Tallahassee police

16 Department. He was trying to be specific about that he was at

17 the rightplace looking for it.

18 Q Do you remember any of their names at this time?

19 A I do not remember names at this point. No, sir.

20 Q Okay.

21 MR. FUCHS: Thank you very much.

22 THE COURT: Cross?

23 MR. WAY: No cross.

24 THE COURT: All right. Any juror have a question of

25 thiswitness?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 497

1 (No audible response.)

2 THECOURT: Allright. You can step down. Thank

3 you for being here.

4 THE WITNESS: Yes, sir.

5 THECOURT: Dowe need to keep her any further?

6 MR.FUCHS: No, Your Honor.

7 THECOURT: Allright. You're excused.

8 THE WITNESS: Thank you.

9 (Witness exits.)

10 THECOURT: Call your next witness.

11 MR.FUCHS: Yes, Your Honor.

12 (Pause.)

13 THECOURT: If you'd face the clerk and be sworn,

14 please, sir.

15 whereupon,

16 WILLIAM NICK WILLIAMS

17 was called as a wttness, having been first duly sworn, was

18 examined and testfed as follows:

19 THECOURT: Have a seat and slide up to the

20 microphone, please, sir.

21 You may proceed.

22 MR.FUCHS: Thank you, Your Honor.

23 DIRECT EXAMINATION

24 BY MR.FUCHS:

25 Q Good afternoon, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER is;

1 A Good afternoon.

2 Q Can you slide that microphoneback just a little

3 bit? It'skind of loud. There you go.

4 A Okay.

5 Q Could you please introduce yourselfto the jurors?

6 A Name is william Nick williams,here in Tallahassee,

7 Florida.

8 Q And what do you go by?

9 A Nick williams.

10 Q And, Mr. williams, you are, infact, Mike WilliamsT

11 brother;are you not?

12 A Yes, I am.

13 Q Okay. Fair to say tough to behere today?

14 A Very.

15 Q A lot of emotions?

16 A Yes.

17 Q Anger.

18 A A little bit. Mostly sadness. Just missing him all

19 the time.

20 Q A little nervous, too?

21 A Very.

22 Q You know why we're here.

23 A Yes.

24 Q Mike went missing back in Decemberof 2000.

25 A Correct.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER A..

1 Q And was later determined to be a murder.

2 A Yes.

3 Q Your mom is Cheryl Williams, correct?

4 A Correct.

5 Q Initially, that investigation was for a missing

6 personsthat he possibly was missing on Lake Seminole and

7 maybe eveneaten by alligators, correct?

8 A Correct.

9 Q Did your mom ever believe that?

10 A No. she never really believed that. She just had a

11 feelingthat's not what happened.

12 Q Did she take steps in order to try and get

13 investigationshappening?

14 A Yes, she did.

15 Q what kind of steps did she take?

16 A She wrote letters to the governor, starting at that

17 point,and the next few governors. She contacted FDLE about

18 doing aninvestigation. She held up billboards at different

19 places-- or held up posters, put billboards up, paid for

20 billboards,you know, have you seen my son? Just anything to

21 get hisname out there to try to get some attention to what

22 had happened.

23 Q Did you, in fact, help her out with some of those

24 things,if not all?

25 A Yes. I did whenever I could. But she was kind of a

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 500

1 leading effort behind it.

2 Q And, of course,over the years, there's actually

3 been TV shows.

4 A Yes.

5 Q obviously, she wassuccessful because we're here

6 today,correct?

7 A Yes. Very.

8 Q During this timeperiod, did Denise say anything to

9 you about you and your mother,about your actions in trying to

10 get aninvestigation?

11 A Yes, she did.

12 Q One time or morethan once?

13 A Two distinct occasions.

14 Q Let's talk aboutthe first one.

15 A (Nods head.)

16 Q The first time,where were you and when was it?

17 A About six monthsafter Mike disappeared. So it was

18 summerof 2001. we got acall. She was not happy. She

19 wantedto see both of us. Mom wasn't driving at that point,

20 so we went to her house.

21 Q Okay. And bothyou and Ms. Cheryl?

22 A Yes.

23 Q when you arrivedat Denise's house, was anyone else

24 there?

25 A Not on the firstoccasion. All I remember is her.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 501

1 Q Okay. what was said?

2 A she wasn't happy about the newspaper article that

3 had -- Momhad finally had some success and got a little

4 blurb, alittle article in The Democrat, talking about Mike

5 and whatMom was doing to try to get some more attention to

6 the case,get an investigation going. She said at the time

7 she didnot --

8 Q WhoTs she?

9 A Denise.

10 Q Okay.

11 A said she didnTt want to hear his name again, didn't

12 want tosee anything in the paper about him again, that --

13 didn't wantto know anything that Mom was doing about Mike.

14 She wanted-- she needed to get on with her life.

15 Q okay. You and I are talking in a very calm,

16 conversationalaspect right now. Is that the same way that

17 was beingdiscussed -- this was being discussed back then?

18 A No.

19 Q How -- what was different?

20 A She -- Denise was very angry. She really did not

21 want toknow anything, hear anything about Mike again.

22 Q was she yelling at y'all?

23 A It was to the point of a little bit of yelling.

24 Yes.

25 Q Trying to discourage you from doing newspaper

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 502

1 articles and getting an investigation.

2 A Any kind of publicity, any kind of real

3 investigation to try to find Mike.

4 Q How do y'all react?

5 A we were a little stunned, both of us, that she would

6 react in that way. we were just trying to find Mike. we, I

7 guess, thought she'd want to do the same thing.

8 Q And did y'all stay at the house?

9 A No. It was a very brief visit, we left.

10 Q You mentioned there was a second time.

11 A Yes.

12 Q When was that?And if you donTt know the exact

13 date, that's fine. I know this was a long time ago but just a

14 rough estimate is fine.

15 A I believe it was a few years later, 2005. Mom and I

16 were at a restaurant eating lunch on a Saturday. I usually

17 went over and took her to get her groceries and went out to

18 eat.

19 I got a call on my cell phone from Denise saying

20 that she wanted us to come out to the house, wanted to know

21 when would you be home, our house, my mother's house. And she

22 wanted to meet us there. So I told her, well, we would be

23 there about two o'clock. And so Mom and I finished up our day

24 and went over to the house and waited for her to arrive.

25 Q And did she arrive?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 503

1 A Yes.

2 Q wasanybody with her at that time?

3 A Brianwinchester was with her.

4 Q wereyou inside the home or outside the home when

5 they arrived?

6 A we wereboth inside. Mom and I were inside the

7 house,in thekitchen, when they came in.

8 Q whereis the kitchen in relation to the doorway

9 that'sused?

10 A It's-- the back door is right into the kitchen.

11 That'sthe wayeverybody comes and goes out of MomTs house.

12 Q So,really, the kitchen is the entry area.

13 A Theentry area. Yes.

14 Q So y'allare there.

15 A Yes.

16 Q AndBrian Winchester and Denise Williams show up.

17 A Yes.

18 Q Whathappens?

19 A Denisesits down at the table. Mom is already

20 sittingat thetable. Brian and I are standing. And, again,

21 Deniseis, obviously,angry. She -- the main thing that I

22 rememberfromthe conversation is her saying, why are you

23 lying aboutthis? Why are you telling all these lies about us

24 all overtown? And we want you to stop.

25 Q Didshe make any threatening remarks?

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 504

1 A She said, if you do not stop this investigation,

2 which wehad, finally, that led to the whole occasion. we

3 finallyhad an investigation going. Then, you know, she said

4 we both,Denise -- Anslee and I love you, but, you know,

5 you're notgoing to see her anymore if you don't get this

6 investigationstopped.

7 Q So she tells you that you need to stop the

8 investigation,or you're not going to see Anslee.

9 A Yes.

10 Q who's Anslee?

11 A Her daughter, my niece, Mom's granddaughter.

12 Q Mike's daughter.

13 A Mike's daughter.

14 Q Do you see Denise here in the courtroom today?

15 A Yes, I do.

16 Q Can you please point to her and indicate an article

17 of clothingshe's wearing?

18 A At the defense table.

19 MR. FUCHS: May the record please reflect he's

20 indicatedthe defendant, Ms. Denise williams. Thank you.

21 THE COURT: Cross.

22 CROSS-EXAMINATION

23 MR. WAY:

24 Q Mr. Williams, is there -- there's not one specified

25 way thatanybody grieves for the passing of a family member,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 505

1 is there?

2 A No.

3 Q There's no set methodology on how to handle, say,

4 the loss of a father?

5 A Probably not.

6 Q The loss of a spouse?

7 A Not.

8 Q Certainly not the loss of a child.

9 A Right.

10 Q Your brother loved Denise, didn't he?

11 A He did.

12 Q worshiped her.

13 A Yes. From everything he told us, he did.

14 Q Absolutely. There was nothing that ever suggested

15 to youthat there was any trouble or any worries between

16 Deniseand Mike.

17 A Not that he told us.

18 Q And Mike loved his little girl.

19 A Yeah. He did worship her.

20 Q Mike went missing December 16th, 2000.

21 A Yes.

22 Q You know now -- do you know who Brian Winchester is?

23 A Yes.

24 Q How long have you known Brian winchester?

25 A Going back to Mike's high school days, I guess, the

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 506

1 1980's.

2 Q Is Brian winchester Mike's best friend?

3 A At one time I believe he was his best friend.

4 Q And you know now that Brian winchester killed your

5 brother.

6 A Yes.

7 Q You know the circumstances of the agreement that he

8 made withthe State that will prevent him from being

9 prosecutedfor that, don't you?

10 A Yes.

11 Q There was a memorial service for Mike in February of

12 2001. Doyou recall that?

13 A Yes, I do.

14 Q Scott Dungey and some others went there.

15 A Yes.

16 Q Your mother participated in that.

17 A Yes.

18 Q I believe you also participated in it.

19 A Yes.

20 Q And to many of Mike's friends and family, that was

21 an opportunityfor them to have a certain type of closure.

22 would youagree?

23 A Yes.

24 Q Because many of the people who knew and loved Mike

25 williamsbelieved that, unfortunately, by that time in

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 507

1 February of 2001, the strong likelihood was he was no longer

2 alive; isn't that true?

3 A Yes.

4 Q And Anslee was about two years old at this point?

5 A Almost. One and a half.

6 Q And she was, obviously, a little younger when her

7 father was killed by Mr. Winchester.

8 A Yes.

9 Q Denise was, at this point now, the single mother of

10 Anslee, wasn't she?

11 A Yes, she was.

12 Q And she had to try to get on with having a daughter

13 not having your brother around to help take care of her.

14 A Yes.

15 Q would it be fair to say that your mother believed,

16 up until as recently as December of 2017, that your brother

17 was going to come home one day, didn't she?

18 A she held out every hope that he was alive somehow.

19 Q And she was not shy about expressing her belief that

20 your brother was going to walk in the door one day.

21 A Correct.

22 Q But to a little girl who doesnTt -- didnTt know her

23 daddy, because she was too young, to be told by her

24 grandmother that --

25 MR. FUCHS: Object. Your Honor, I'm going to object

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 tothis as argumentive, as well as speculative.

2 THE COURT: Overruled.

3 MR. WAY:

4 Q Your mom is Anslee's grandmother.

5 A Yes.

6 Q And up until 2005, you and your mom had saw Anslee,

7 were involvedin AnsleeTs life, weren't you?

8 A At her -- Denise's direction, maybe once -a -week

9 visits.

10 Q All right, well, once a week with your niece.

11 mean, An-- Denise is still her mom, right?

12 A Yes.

13 Q SheTs still her mama. very much the same way Cheryl

14 is yourmama?

15 A Yes.

16 Q And there's the large and certain segment of, you

17 know, Mom-- Mom's important to, to a person, arenTt they?

18 A Yes.

19 Q But as Anslee got older, your mom continued to hold

20 the beliefthat your brother was going to walk in that door

21 one day.

22 A She did.

23 Q IsnTt it fair to -- from the facts that you've

24 describedduring your testimony to Mr. Fuchs' questions, isnTt

25 it alsofair to think that Anslee needs to be protected,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 509

1 perhaps, from the thought that her father could walk through

2 that door when almost everyone else has thought he died?

3 A I'm not sure. we just wanted the truth.

4 Q Wanting the truth is one thing but, but a --

5 THE COURT: We're not going to argue with the

6 witness, Mr. Way.

7 MR. WAY: I apologize, Judge.

8 THE COURT: All right.

9 MR. WAY:

10 Q But since there's no set way to grieve with

11 something, wouldn't it be also fair from the facts that

12 Ms. Williams had an obligation to protect her daughter?

13 A she did what she thought was right.

14 MR. WAY: Nothing further, Your Honor.

15 THE COURT: Redirect.

16 REDIRECT EXAMINATION

17 BY MR. FUCHS:

18 Q You and your mom never saw her in 2005, did you?

19 A we did not.

20 Q Denise's threat was stop the investigation --

21 THE COURT: Who are we talking about, her,

22 Mr. Fuchs?

23 BY MR. FUCHS:

24 Q Anslee. Excuse me.

25 A Yes, We never saw Anslee, again. We were never

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 510

1 allowed another visit after 2005.

2 Q what Denise said was, stop the investigation; did

3 she not?

4 A Yes.

5 Q wasn't, why do you keep saying he's alive?

6 A No.

7 Q No conversation like we're having right now of,

8 Ms. Cheryl,I can't have you saying that around Anslee. It's

9 hard onher. If you want her to believe it, that's fine.

10 A No.

11 Q It was a come over in anger, stop the investigation

12 or else.

13 A Yes.

14 Q And you never saw her again.

15 A Never saw her again.

16 Q whenever it was determined that Mike had been

17 murderedin December of 2017, did she reach out to you and try

18 and facilitateconversation between y'all and Anslee?

19 A No.

20 Q Never said i'm sorry?

21 A No.

22 MR. FUCHS: No further questions.

23 THE COURT: Any juror have a question of this

24 witness?

25 (No audible response.)

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 511

1 THE COURT: All right. You can step down.

2 Call yournext witness.

3 Can we excusethis witness?

4 MR. FUCHS: He can be excused, Your Honor.

5 THE COURT: All right. Any reason he can't be

6 excused, Mr. Way?

7 MR. WAY: No, Your Honor.

8 THE COURT: All right. You're excused to go about

9 your business orstay in the courtroom as you see fit.

10 (Witness exits.)

11 MR. WAY: Your Honor, Mr. Padovano will handle the

12 questioning ofthe next witness.

13 THE COURT: Okay.

14 (Pause.)

15 MR. FUCHS: Your Honor, if I can, can we borrow your

16 microphone -- orwe've got a ramp, don't we?

17 THE COURT: Yes, If it doesn't work, weTll change

18 it.

19 THE CLERK: Do you want me to get in front of her,

20 Judge, or just-- that will be fine?

21 THE COURT: Yes.

22 THE CLERK: Please raise your right hand.

23 whereupon,

24 CHERYL ANN WILLIAMS

25 was called as a wttness,having been first duly sworn, was

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 512

1 examined and testfled as follows:

2 DIRECT EXAMINATION

3 BY MR.FUCHS:

4 Q Good afternoon.

5 A Good afternoon.

6 Q Can you please introduce yourselfto the jurors?

7 what'syour name, ma'am? what's your name?

8 A Cheryl Ann williams.

9 Q Ms. Cheryl, how do you spell yourfirst name?

10 A C -H -E -R -Y -L.

11 Q And, Ms. Cheryl, you are, in fact,Mike williams'

12 mother;are you not?

13 A Yes.

14 Q As well as Nick williams?

15 A Sir?

16 Q As well as Nick williams?

17 A Yes.

18 Q Okay. Do you have any grandkids?

19 A Yes, sir.

20 Q One of those grandkids Anslee?

21 A Yes.

22 Q And who is Anslee?

23 A Mike's daughter.

24 Q And that's from his marriage withDenise, correct?

25 A Right.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 513

1 Q Now, Ms. Cheryl, it's my understanding that you kind

2 of run alittle bit of a day care -- not really run a day

3 care, butyou take care of kids on a daily basis; is that

4 correct?

5 A Yes, sir.

6 Q It's kind of what you've done most of your life.

7 A For 50 years.

8 Q Take care of your kids' kids?

9 A Some.

10 Q okay. what about neighborhood kids?

11 A Neighbors, yes.

12 Q Friends? Friends' kids?

13 A Friends, yes.

14 Q How many kids on a daily basis do you take care of?

15 A In, in 50 years?

16 Q On a daily basis, how many kids come over?

17 A Day-to-day basis, anywhere from four to ten.

18 Q Okay. For 50 years, huh?

19 A For 50 years.

20 Q Seen a lot of kids grow up.

21 A Yes, sir.

22 Q Have you had a chance to see Anslee grow up?

23 A I did not get to keep Anslee in my home day care.

24 Q Haven't had a chance to watch her grow up, have you?

25 A Sir?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 514

1 Q you have not had a chance to watch her grow up, have

2 you?

3 A No, sir.

4 Q Talking about Mike williams' death as we now know

5 it, back in 2000, it was a disappearance.

6 A Yes.

7 Q The initial theory was that he was missing and

8 possibly eaten by alligators.

9 A Right.

10 Q you never believed that, did you?

11 A No, sir.

12 Q And, in fact, you took lots of steps to initiate an

13 investigation; did you not?

14 A Yes.

15 Q Put up posters?

16 A Yes.

17 Q Wrote the governor?

18 A Yes.

19 Q Put up billboards?

20 A Yes.

21 Q And, in fact, you were able to get an investigation

22 launched; were you not?

23 A Yes.

24 Q At some point did you have a confrontation with

25 Denise about your belief that Mike being still alive?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 515

1 A Yes.

2 Q when was -- how many times?

3 A Twice.

4 Q when was the first time?

5 A It was August of 2001.

6 Q So nine months after Mike went missing.

7 A Yes.

8 Q where was this?

9 A It was in her front yard.

10 Q what happened?

11 A I had been trying to get publicity for Mike's

12 disappearance. I had written the letters to the editor at the

13 Tallahassee Democrat begging them to do a story about Mike's

14 disappearance.

15 Finally, a reporter, Tony Bridges, from the

16 Tallahassee Democrat read my letters to the editor. And he

17 was doing a story about people who were missing locally in

18 Tallahassee area. He called me to ask me if he could include

19 Mike in those people. And I told him yes. Nick took a

20 picture to the Tallahassee Democrat, and he did a story.

21 when the article came out in the newspaper, Denise

22 called me on the phone. She was livid. She said, you and

23 Nick need to come over here right now. we went to her house,

24 in the front yard. we weren't even invited inside. She was

25 screaming at me. she was mad about the article. And she

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 516

1 said, screaming at me, I don't ever want to hear Mike's name

2 again. i donTt ever want to see Mike's picture in the paper

3 again. I donTt ever want to know anything you're doing about

4 Mike again. I have to get on with my life.

5 And I ask her,I said, if that wereAnslee in the

6 lake, youwould just leave her there? And shesaid, I would

7 believe the authorities. I -- then she said,if you persist

8 in tryingto get a criminal investigation, youwill lose

9 Anslee.

10 Q Your granddaughter.

11 A My granddaughter.

12 Q Mike's daughter.

13 A Mike's daughter.

14 Q You said there was a second time.

15 A The second time was in --

16 Q Let me, let me stop you right therereal quick

17 before weget on. okay.

18 A Yes. There was a second time.

19 Q You seem to have a very good grasp ofdates and

20 names.

21 A Ido.

22 Q Been a passion, obviously, for yourson's --

23 A Yes.

24 Q -- for a long time.

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 517

1 Q Taken a lot of steps, correct?

2 A Yes.

3 Q LetTs talk about the second time then. where did

4 the secondtime happen and when?

5 A It was January 8th, 2005. Nick and I were at the

6 restauranteating lunch. She called Nick on his cell phone

7 and she said,what time is Cheryl going to be at home? Nick

8 said, twoo'clock. She said, well, I'm coming over.

9 The next day was January 9th. I thought that she

10 was goingto bring the baby to see me for my birthday. we had

11 not seenher since Halloween --

12 Q Let me stop you right there.

13 A In 2004.

14 Q Let me stop you right there. So your birthday is

15 the verynext day?

16 A It was the very next day, January 9th.

17 Q And if i understood you correctly, the last time you

18 saw Ansleebefore then was Halloween, so Oct --

19 A Was Halloween of 2004.

20 Q okay. So it was October. So, from October to

21 January,you hadn't seen her.

22 A Right.

23 Q And this is the day before your birthday.

24 A It was the day before my birthday, January 8th.

25 Q okay. what happened next?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 518

1 A Nick and I got home and Denise came. She knocked on

2 the door. we opened the door, and Brian was with her.

3 Q Brian, being Brian winchester?

4 A Brian Winchester. And I ask her,I said, where's

5 Anslee? Because I thought she was bringing Anslee to see me.

6 And shesaid, Anslee's taking a nap. well, we invited her

7 inside,and she sat down at the table across from me. Nick

8 was standing. Brian had his back to the door.

9 Q And what did Denise tell you?

10 A Denise said, Cheryl, you know that Anslee and I love

11 you, butBrian and I don't like the lies you're telling about

12 us.

13 And I looked at her and I said, Denise, what lies

14 are youtalking about?

15 Brian screamed, you shut your mouth and let her

16 talk.

17 Nick got upset and said some not nice things to

18 Brian.

19 And then Denise is crying, and she says, Cheryl, if

20 you willjust stop this investigation, you can see Anslee

21 again.

22 And I told her,I said, Denise, I can't stop this

23 investigation. I wouldn't if I could.

24 Nick said, Denise, Mike is mama's son and my

25 brother,and we just want to know what you and Brian did to

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 519

1 him.

2 Brian said, Denise, let's go. We're not getting

3 anywhere. And they left.

4 Q Did you ever see Anslee again?

5 A No.

6 Q Never seen her since.

7 A Not at my house.

8 (Off-the-record discussion.)

9 BY MR.FUCHS:

10 Q Showing you what's previously marked as State's

11 ExhibitNo. 15. is that Mike?

12 A That's Mike.

13 MR. FUCHS: Your Honor, I move State's Exhibit No.

14 15into evidence.

15 THE COURT: Any objection?

16 MR. WAY: No objection. I --

17 THE COURT: It will be admitted.

18 (State's Exhibit No. 15 received in evidence.)

19 MR. FUCHS: publish to the jury, Your Honor?

20 THE COURT: You may.

21 BY MR.FUCHS:

22 Q And, in fact, that's the photograph that you used

23 for all--

24 A Sir?

25 Q That's the photograph you use in your billboards and

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 520

1 your

2 A Yes.

3 Q -- postings all these years.

4 A Yes.

5 MR. FUCHS: No further questions.

6 THE COURT: Cross.

7 pull, pull your photo, please, Mr. Fuchs.

8 MR. FUCHS: Yes, sir.

9 CROSS-EXAMINATION

10 BY MR. PADOVANO:

11 Q Good afternoon, Ms. Williams.

12 A Good afternoon.

13 Q I am Phil padovano. You and I have not met. I'm

14 just goingto ask you a few questions. And I'm certainly

15 sorry thatit had to be under these circumstances. But I do

16 have a few questions I want to ask you. The, the first time

17 that you --that Denise confronted you was -- I think you said

18 it was inthe summer of 2001?

19 A Yes, sir.

20 Q And by then, a circuit judge had declared Mike dead

21 by that time;is that right?

22 A Yes.

23 Q And by then, the family had had a memorial service

24 for Mike.

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 521

1 Q And is it fair to assume that Denise would have had

2 to explain to Anslee -- would have to deal with the fact that

3 her dad wasn't home and try to explain it the best way you

4 could to a child what had happened?

5 A Yes.

6 Q And, and, and do you think it might have been

7 difficult for her to be seeing missing posters and billboards

8 and things such as that -- you, you said she was trying to get

9 past it. Is that what she said? She felt like she had to get

10 past it?

11 A she said she had to get on with her life.

12 Q Okay. And, you know,I hate this term closure,

13 because I think in something like this there's never any

14 closure. I don't even like to use the word. But do you know

15 what that means when people say that?

16 A Yes, sir.

17 Q And you think that some people might have this need

18 then to get beyond a certain point and not say I've, I've

19 grieved, I've, I've grieved the loss of my husband. I've, you

20 know, grieved the loss of my child's father, but now I still

21 have to entertain the idea that maybe heTs still alive. Do

22 you accept that that might be difficult for some people?

23 A It might.

24 Q okay. And, and, and I,I know you have a different

25 view of it and I respect that. Believe me,I do. I wanted to

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 522

1 ask you about the second occasion, which was much later, I

2 think, wasn't it?

3 A Right.

4 Q And I think that,I think that I heard you say --

5 and, andyou correct me if I'm wrong, because I'm not sure how

6 I heardthis. But I thought I heard you say that you and Nick

7 said youjust wanted to find out what Brian and Denise did to

8 Mike.

9 A Right.

10 Q is that right?

11 A Right.

12 Q Now, if Denise is innocent and she thought that you

13 were accusingher of doing something to your son, do you think

14 it wouldbe logical for her to be upset with you?

15 A If she were innocent, yes.

16 Q So this was, this was a reaction that she had that

17 would beconsistent with a person who's innocent.

18 A Right.

19 Q Did you ever go to Cheryl's house on Centennial Oaks

20 after 2001?

21 THE COURT: whose --

22 THE WITNESS: Go to whose house?

23 BY MR. PADOVANO:

24 Q I'm sorry. I made a -- I'm sorry. I used your

25 name. Imeant to say Denise williams. Did you ever go to

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 523

1 Denise's house on Centennial Oaks after 2001?

2 A Yes.

3 Q And did you see the pictures of Mike in the house?

4 A No.

5 Q You didn't?

6 A No.

7 Q Okay. Let me ask you a couple of questions now.

8 And these are going to get a little easier. I, I told the

9 jury onTuesday that your son was a good father, a good

10 husband,and a good provider. would you agree with that?

11 A Yes.

12 Q How long had you -- what was, what was his

13 relationship like with Denise during the time that they were

14 together?

15 A I thought it was good.

16 Q And you knew Denise for quite a while. I mean,

17 long --they got married in 1994, right?

18 A Right.

19 Q But you knew her for quite a while before that,

20 right?

21 A Right.

22 Q And how did they, how did they -- I mean, did they

23 get along?

24 A Yes.

25 Q And what were your feelings towards Denise during

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 524

1 that period of time?

2 A I loved her.

3 MR. PADOVANO: Thank you.

4 THE COURT: Redirect.

5 REDIRECT EXAMINATION

6 BY MR. FUCHS:

7 Q Ms. Cheryl?

8 A Yes, sir.

9 Q In December 9th of 2017, you were told that Mike

10 williamshad actually been murdered and his body was found,

11 correct?

12 A Yes.

13 Q You were told before everybody else was told,

14 briefly,and then it hit the news, correct?

15 A Sir?

16 Q You were told before everybody else was and then it

17 hit thenews, correct?

18 A Right.

19 Q How long did it take before Denise called you and

20 said, I'msorry,I was wrong all these years?

21 A She never did.

22 Q How long did it take before she called you and said,

23 hey, I'msorry, maybe I need to help you see your

24 granddaughteragain?

25 A She never did.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 525

1 Q So from the day that she threatened you to stop the

2 investigation, the day before your birthday, you've never seen

3 your granddaughter?

4 A No.

5 MR. FUCHS: No further questions.

6 THE COURT: Any juror have a question of this

7 witness?

8 (No audible response.)

9 THE COURT: All right. You can step down. That

10 wasn't exactly the right terminology but you're excused.

11 You're excused.

12 (Witness exits.)

13 THE COURT: Do you have further, Mr. Fuchs?

14 MR. FUCHS: Not today, Your Honor. The one witness

15 we have remaining is -- we have to call in the morning.

16 THE COURT: All right, we're, we're making good

17 progress. we're well ahead of schedule but there -- the

18 State has one more witness that, you know, because of the

19 way we thought it was going to go, was flying in tonight.

20 So they're not available until in the morning. So we're

21 going to need to break for the evening.

22 From what the defense says, they will be able to

23 finish their testimony tomorrow. So we'll have the one

24 witness from the State and then the defense case. So

25 we'll be through with the testimony tomorrow. So,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 526

1 hopefully, that's good news for you. we're well ahead of

2 the schedule that we had outlined coming into this.

3 So, you know, trials are a little unpredictable.

4 Sometimes things happen that we donTt expect. But -- so

5 what it's looking like at this point in time we'll finish

6 the testimony tomorrow, instruct you, and have closing

7 argument Friday and send the case to you by lunchtime on

8 Friday. That's kind of where we kind of stand at this

9 point. As I say, things can change but that's our

10 current best, best guess.

11 So don't discuss the cases with anyone. Don't let

12 anyone discuss with you. Don't watch media accounts. Is

13 it working out all right in the morning with the parking,

14 the court administration people meeting you downstairs,

15 getting you up here? Everybody doing okay with that?

16 Anyway, 8:45 tomorrow. If Ryan Adams would stay

17 with us just for a moment. we'll see y'all in the

18 morning.

19 (Jury exits.)

20 THE COURT: Everybody be seated or step out, please.

21 You can sit down, Mr. Adams. I'm sorry. we do

22 listen to what you say, whether, whether you think so or

23 not. i know that what i just announced kind of runs head

24 into what you were telling us that you were hoping to do.

25 So i donTt know where it stands with you on that at this

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 527

1 point in time, whether you've blown it off or whether

2 you've been hoping that, you know, 4:00 or five o'clock

3 on Friday you'd be able to, you know, head out of here or

4 how does it stand with you. And I can't promise you what

5 I'm going to do, but I wanted to kind of hear where you

6 currently stood.

7 JUROR ADAMS: we canceled the trip.

8 THE COURT: what's that?

9 JUROR ADAMS: we canceled the trip.

10 THE COURT: Okay. I'm sorry that you had to do that

11 but anyway. All right, we'll see you in the morning.

12 JUROR ADAMS: Thank you.

13 (Juror exits.)

14 THE COURT: So anything from either side?

15 MR. FUCHS: No, sir.

16 MR. WAY: No, Your Honor.

17 MR. PADOVANO: No. No, Your Honor. But just for

18 your planning purposes, I'm assuming that we have one

19 State's witness tomorrow. I just wanted to let you know

20 that the, the motions for judgment of acquittal will

21 be -- will take some time. They're going to be

22 substantial. we have some arguments and some case law in

23 each of the charges. And I just want to let you know

24 sometimes these things are just a ten-minute affair, and

25 this one will not be.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 528

1 THECOURT: well, we don't need to spend a lot of

2 time onit.

3 MR.PADOVANO: well...

4 THECOURT: Anyway.

5 MR.PADOVANO: I'd like to make a record of the

6 things thatI think are appropriate.

7 THECOURT: Certainly you need to make a record --

8 MR.PADOVANO: yeah.

9 THECOURT: -- but that shouldn't take --

10 MR.PADOVANO: I'd actually like --

11 THECOURT: -- a lengthy time.

12 MR.PADOVANO: -- I'd actually like to persuade you,

13 Your Honor. Not that it matters.

14 THECOURT: we'll see.

15 MR.PADOVANO: Okay.

16 THECOURT: Jury instructions, have y'all looked

17 over them or -- y'all may have absorbed enough that you

18 haven'tlooked at them.

19 MR.FUCHS: I glanced at them, Your Honor. I have

20 nothingthat --

21 THECOURT: All right, well, we're through early.

22 MR.FUCHS: IT11 be doing it this afternoon.

23 THECOURT: we're winding down. Let's get serious

24 about looking at those.

25 MR.FUCHS: Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 529

1 THECOURT: you know, I've read back over them,

2 tried to pick outmistakes. But, you know, once we get

3 there, ITd hopeto be able to go through that pretty

4 promptly. Andit won't be promptly if y'all hadn't read

5 them. And we're-- you know, I've only set out, you

6 know, what -- I'mguessing what youTll want. But we're

7 certainly not lockedinto that. But --

8 MR.FUCHS: Yes, sir.

9 THECOURT: -- anyway. Anything else from either

10 side?

11 MR.FUCHS: No,Your Honor.

12 MR. WAY: No,Your Honor.

13 THECOURT: All right. See y'all at 8:30.

14 (Court inrecess; continued in volumeV.)

15

16

17

18

19

20

21

22

23

24

25

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 530

CERTIFICATE

STATE OF FLORIDA:

COUNTY OF LEON:

I, VERONICA G. MCCLELLAN, RPR, Official Court

Reporter, do hereby certify that the foregoing proceedings were taken before me at the time and place therein designated; that my shorthand notes were thereafter translated under my supervision; and the foregoing pages are a true and correct record of the aforesaid proceedings.

I FURTHER CERTIFY that I am not a relative, employee, attorney or counsel of any of the parties, nor relative or employee of such attorney or counsel, or financially interested in the foregoing action.

DATED this 13th day of March, 2019.

VERONICA G. MCCLELLAN, RPR OFFICIAL COURT REPORTER LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER Filing # 88302537 E -Filed 04/22/2019 11:37:26 AM 531

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO. : 2018 -CF -1592

STATE OF FLORIDA

vs. VOLUME V Pages 531 - 664 DENISE WILLIAMS,

Defendant. -----/

* AMENDED *

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 13, 2018

TIME: Commencing at 8:30 a.m. Concluding at 11:35 a.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: VERONICA G. MCCLELLAN, RPR Official Court Reporter Notary Public in and for the State of Florida at Large

VERONICA G. MCCLELLAN, RPR Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 532

1 APPEARANCES

2 REPRESENTING THE STATE:

3 JON FUCHS, ASSISTANT STATE ATTORNEY JAMES A. ROGERS, ASSISTANT STATE ATTORNEY 4 OFFICE OF THE STATE ATTORNEY LEON COUNTY COURTHOUSE 5 TALLAHASSEE, FLORIDA 32301

6

7 REPRESENTING THE DEFENDANT:

8 ETHAN WAY, ESQUIRE WAY LAW FIRM 9 1020 EAST LAFAYETTE STREET, SUITE 112 TALLAHASSEE, FLORIDA 32301-4546 10 PHILIP J.PADOVANO, ESQUIRE 11 BRANNOCK & HUMPHRIES, P.A. 131 NORTH GADSDEN STREET 12 TALLAHASSEE, FLORIDA 32301-1507

13

14 INDEX 15 WITNESSES: PAGE: 16 KATHERINE THOMAS 17 Direct Examination By M. Rogers 683 Cross -Examination By Mr. way 719 18 Cross -Examination By Mr. Rogers 737

19 CURTIS HUNTER Direct Examination By Mr. way 763 20 Cross -Examination By Mr. Fuchs 768 Cross -Examination By Mr. way 770 21 JAMES R. MARTIN, JR. 22 Direct Examination By Mr. way 772 Cross -Examination y Mr. Rogers 775 23 MIKE PHILLLIPS 24 Direct Examination By Mr. way 777 Cross -Examination y Mr. Fuchs 780 25

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 533

1 INDEX (cont)

2 WITNESSES: PAGE: 3 CHRISTIN GONZALEZ 4 Proffered Direct Examination By Mr. Way 783

5 DENISE WILLIAMS Examination By The Court 791 6

7 STATE'S EXHIBITS

8 20 695 16 700 9 2 790

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25 Certificate of Reporter 797

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURTREPORTER 534

1 PROCEEDINGS

2 THE BAILIFF: All rise. Court is now in session.

3 The Honorable Judge James C. Hankinson presiding.

4 THE COURT: Be seated, please, folks. we're here in

5 the State of Florida v williams, Case No. 2018CF1592.

6 Let the record reflect defendant is present with her

7 attorneys.

8 Any outstanding issues we need to deal with this

9 morning?

10 MR. FUCHS: Not at this time, Your Honor.

11 THE COURT: Mr. Way.

12 MR. WAY: I'm sorry, Your Honor. No, Your Honor.

13 THE COURT: okay. we have your witnesses ready,

14 Mr. Fuchs?

15 MR. FUCHS: Yes, Your Honor.

16 THE COURT: Is that still your plan, just to have

17 the one additional witness?

18 MR. FUCHS: It is, Your Honor.

19 THE COURT: Okay. Let's go through the evidence

20 just to make sure, Kathy, that my notes are consistent

21 with what the parties have. I have admitted one through

22 eight. One is A through D -- and ITm not a hundred

23 percent on the lettering -- 3-A through C; 4-A through M;

24 5-A through E; 6-A through C; 7-A through C; 8. There is

25 no nine admitted.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 535

1 MR.FUCHS: Correct.

2 THECLERK: Correct.

3 THECOURT: we have 10-A through F;11; 12. I

4 didn't...

5 THECLERK: A through G.

6 THECOURT: what is that?

7 THECLERK: A through G.

8 THECOURT: A through G; 13-A through D; 14 is also,

9 I believe, A throughD; is that correct?

10 THECLERK: Yes, sir. Yes, sir.

11 THECOURT: Fifteen. At this point there's no 16

12 admittedand then17.

13 MR.FUCHS: I believe that was A through M.

14 THECOURT: we need to be...

15 (Pause.)

16 THECOURT: Seventeen is where I admitted some and

17 didn't admit --

18 THECLERK: Yes, sir.

19 THECOURT: -- others. Let's, let's go over that.

20 THECLERK: You didn't admit...

21 MR.FUCHS: I think 17 was the ticket, Your Honor,

22 if I'm not mistaken,A through M.

23 THECLERK: Seventeen, yes, was the ID.

24 THECOURT: No. Eighteen was the tickets. Eighteen

25 is A through Fand 19 -- 17,I guess, are the ones a

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 536

1 little bit confusing, because I admitted some photosand

2 did notadmit others.

3 THECLERK: Correct.

4 THECOURT: we need to make sure those that I did

5 not admit don'tgo to the jury.

6 THECLERK: Correct.

7 THECOURT: Let's --

8 THECLERK: ITve got them separated. It was 17-G,

9 J,K, L,M,N --

10 THECOURT: Wait a minute. Wait a minute. You'rea

11 little --

12 THECLERK: oh.

13 THECOURT: G, J, K.

14 THECLERK: L,M, P, Q, R, S.

15 THECOURT: Are the ones not admitted?

16 THECLERK: Correct.

17 THECOURT: Okay. And then beyond that it's A

18 through-- whatis the last letter?

19 THECLERK: A through --

20 MR.FUCHS: D.

21 THECLERK: A through F,right?

22 THECOURT: No. There are some others.

23 MR.FUCHS: A, B, C,D, E, F, H,I,N, 0, and Tare

24 what I have thatwere admitted.

25 THECLERK: Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 537

1 THECOURT: Okay. That's the only place where it's

2 a littleconfusing.

3 THECLERK: Yes, sir.

4 THECOURT: So make sure we're all in agreement on

5 that. Isthatconsistent with everyone's records?

6 MR.FUCHS: Yes, sir.

7 MR.WAYT: Yes, Your Honor.

8 THECOURT: All right. And then we have court

9 exhibit of thePowerPoint and perpetuated testimony.

10 Neither of thoseitems go to the jury either.

11 THECLERK: Correct. I've got those separated.

12 THECOURT: All right. So we need to make sure

13 those three itemsare separated.

14 Anyotherissues on the evidence?

15 MR.WAYT: Judge, you do have Defendant's Exhibit 1,

16 Your Honor?

17 THECOURT: Yeah. Good. Thank you for reminding

18 me. Yes.

19 MR.FUCHS: we had --

20 THECOURT: So far we have Defense Exhibit 1, the

21 proffer agreement.

22 MR.WAYT: Yes, sir.

23 MR.FUCHS: we had 18 and 19. Eighteen was the

24 concert ticketsand 19 was the letter.

25 THECOURT: Okay. Eighteen A through F, the concert

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 538

1 tickets;and 19, the letter. Yes.

2 MR.FUCHS: okay.

3 THECOURT: Okay. Are we in agreement on all those?

4 MR.WAYT: Yes, Your Honor.

5 THECOURT: Did you have something else, Mr. way?

6 MR.WAYT: Only that I -- we have the two and three

7 for thedefense have been premarked and will be

8 introduced earlier in our case today.

9 THECOURT: Okay. Is there an issue on either of

10 those?

11 MR.FUCHS: Yes, Your Honor. There is. On Exhibit

12 No.2 isthe wife's family law financial affidavit, Your

13 Honor. The State is arguing that is in fact hearsay.

14 That isa statement that was prepared by Ms. Williams for

15 her attorneyfor the purposes of a divorce and

16 constitutes an affidavit prepared and is an out -of -court

17 statement offered for the truth of the matter asserted.

18 THECOURT: Are you prepared to deal with that now,

19 Mr. way?

20 MR.WAY: I can, Your Honor.

21 THECOURT: All right.

22 MR.WAY: The family law financial affidavit is

23 filed inCase 2015DR2487. It is a official court record

24 that isrequired to be filed pursuant to the family law

25 rules ofprocedure. It was -- we have a certified copy.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 539

1 we have the attorney who is going to testify that the

2 financial affidavit was filed in connection with the

3 divorce. The divorce proceeding is relevant to this

4 case. It's relevant to this case, because the timing of

5 the kidnapping in August is in direct correlation to an

6 order to compel , which is Defense Exhibit 3.

7 The affidavit shows and it's clearly evidence that

8 testimony has been elicited from State witnesses that, I

9 think, quote, was follow the money. And the financial

10 affidavit filed as part of the case of 2015DR2487 shows a

11 accounting of Ms. Winchester's financial position as it

12 related to her divorce from Mr. winchester on or about

13 December 5th, 2015.

14 THE COURT: The date of the affidavit is what?

15 MR. WAY: The date of the affidavit, Your Honor, is

16 it was filed on March 31st, 2017. It relates back to the

17 date of filing, If I can approach, Your Honor, I'll give

18 you a copy --

19 THE COURT: Okay.

20 MR. WAY: -- so you can view it. May I approach?

21 MR. FUCHS: Your Honor, in addition to the hearsay

22 argument, I will also argue --

23 THE COURT: ITm going to let you be heard, again --

24 MR. FUCHS: Okay.

25 THE COURT: -- let Mr. way finish. So --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 540

1 MR. WAY: Your Honor, the petition --

2 THE COURT: -- it relates back to December 2015?

3 MR. WAY: Yes, Your Honor. The time of filing of

4 the dissolution of marriage.

5 THE COURT: Okay. So how, how is it not hearsay?

6 MR. WAY: well, Your Honor, it -- it's, first, it's

7 a record contained in the court filings in the circuit in

8 which --

9 THE COURT: I mean, I get it's authenticated.

10 MR. WAY: Right.

11 THE COURT: That's not the question.

12 MR. WAY: Or judicial.

13 THE COURT: As the First DCA taught me in,I think

14 it was State v Thomas, not only do you have to get the

15 item authenticated, you have to cover the fact that the

16 contents may be hearsay.

17 MR. WAY: well, Your Honor, the, the issue is from

18 the pa -- the term of Ms. Winchester signed an affidavit

19 in connection with her divorce proceeding stating what

20 her financial position was at the time. In terms of

21 whether it's the out -of -court statement offered for the

22 truth of the matter asserted, I think it's offered for

23 the truth -- or the evidence to suggest that she was the

24 protagonist of the divorce. She was complying with her

25 requirements.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 541

1 we do have argument later as it relates to the order

2 to compel that Mr. winchester was not complying with his

3 requirements. That's what, I believe, is part of what

4 prompted the kidnapping.

5 THE COURT: That goes to relevance. It doesn't

6 defeat the hearsay issue.

7 You had something else, Mr. Fuchs?

8 MR. FUCHS: That was the second issue I was going to

9 bring up was the relevance aspect. I still stand by the

10 fact that it is, in fact, hearsay. It was prepared. It

11 is an out -of -court statement offered for the truth of the

12 matter asserted. The relevance aspect as it relates to

13 the conspiracy, the murder, and ultimately the accessory

14 after the fact, given the testimony is irrelevant

15 regarding a financial affidavit.

16 The question became the motive, and the motive that

17 was existed at the time that the conspiracy and the

18 homicide occurred which predates the affidavit by 15

19 years.

20 THE COURT: well,I think probably relevance is a

21 little marginal, but I would probably find that it has

22 some relevance. But it's clearly hearsay, a statement by

23 Ms. winchester as to her financial condition at the time.

24 So I'm going to sustain the objection.

25 Do you want me to make this copy part of the record

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 542

1 as a proffer, or do you have a marked copy? No. This is

2 the marked copy.

3 MR. WAY: That's the marked copy. If you could

4 introduce thatas proffered exhibit, I will renumber what

5 was Exhibit 2 tobe Exhibit 3 for the jury.

6 THE COURT: Why don't you just leave them as is

7 rather than --because the record is going to be kind of

8 confused. Justleave your three.

9 MR. WAY: Okay. I was just worried the jury would

10 see one and thenthree and wonder what happened to two.

11 But...

12 THE COURT: Just trying to keep the record a little

13 less confused. So, anyway, you want to mark this as

14 what?

15 MR. WAY: If we could just proffer.

16 THE COURT: Well, why -- we'll make this Defense

17 Exhibit 3 and --

18 MR. WAY: Yes, sir.

19 THE COURT: -- and mark your order to compel as two.

20 Just change thetag on it. So...

21 MR. WAY: I did, Your Honor.

22 THE COURT: So what we've been talking about now has

23 been as to DefenseExhibit 3. i sustained the objection.

24 Make sure,Kathy, that does not go to the jury --

25 THE CLERK: Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 543

1 THE COURT: -- but make it part of the record for

2 purposes of any appeal. Okay?

3 THE CLERK: Yes, sir.

4 MR. FUCHS: You got more?

5 Your Honor, given that ruling and given the State

6 would make an ore tenus motion to exclude Christin

7 Gonzalez, who was the attorney that represented

8 Ms. Williams during the course of the trial. Any

9 testimony that she could offer --

10 THE COURT: Mr. Way.

11 MR. FUCHS: Any testimony that she could offer would

12 be either hearsay, the statements made by Ms. Williams to

13 her or were to rely upon other statements of hearsay,

14 out -of -court statements offered for the truth of the

15 matter asserted. I don't believe there's any direct

16 testimony that she can offer as it relates to the charges

17 faced for Ms. Williams being conspiracy to commit murder,

18 the murder, and the accessory after the fact as the case

19 has been laid out by the State.

20 THE COURT: Mr. Way.

21 MR. WAY: Your Honor, the -- it's clear that the

22 divorce is part and parcel of the State's case -in -chief.

23 Ms. Gonzalez's testimony is relevant to establish the

24 pendency of the divorce, the nature of Mr. Winchester's

25 noncompliance in the divorce, her knowledge of the case,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 544

1 and the docket is from her own personal experience in

2 having to deal with Mr. winchester as a pro se litigant

3 in this case, up until the time he retained counsel. As

4 it relates to -- and may I approach, Your Honor?

5 THE COURT: You may.

6 MR. WAY: I'm going to show you what is marked now

7 as Defense Exhibit --

8 THE COURT: Two.

9 MR. WAY: -- 2. This was the order we talked about

10 yesterday with Mr. Winchester related to his

11 noncompliance with Judge Francis' order. Mr. Winchester

12 specifically testified he was confronted with the fact

13 that he was ordered and compelled to continue to

14 participate in the divorce. And thereafter he kidnapped

15 my client at gunpoint.

16 Ms. Gonzalez can testify to what she knows, what

17 she's done as the attorney of record, how sheTs

18 participated in the case. The information that she

19 gathers is -- can be information that she gathers from

20 her own work review, preparation, as well as what she has

21 determined in court. I don't think we can blanket say

22 that everything she would know as a lawyer in this cause,

23 the divorce cause, would all be hearsay.

24 She would certainly know her client's financial

25 position from independent review in preparation for

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 545

1 court, just as any lawyer should know what their clients

2 may or may not say. she would also know what

3 Mr. winchester's positions would be based on the court

4 filings.

5 THE COURT: well,I mean, I can't say there's

6 nothing she can testify to, but it's very similar to the

7 lead investigator in a criminal case. They may know a

8 whole lot. They gathered a whole lot of information, but

9 it's all hearsay.

10 So what, what would she testify about that's not

11 hearsay information that she gathered from someone else?

12 Or if you have some inconsistent statement by

13 Mr. Winchester. of course that's fair game. So what,

14 what do you have that she would testify to that's not

15 hearsay?

16 MR. WAY: well, I'd certainly ask her if

17 Mr. Winchester was complying with the court order. She

18 would know, as the attorney, that he wasn't. I don't

19 believe that's hearsay.

20 THE COURT: And why is that relevant?

21 MR. WAY: It's relevant to go to the prep --

22 Mr. Winchester's testimony yesterday was that he was in

23 the divorce. He didn't want to be in the divorce. The

24 order to compel is a precipitating incident, we believe,

25 to why he went and kidnapped Mr. Winchester at gunpoint.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 546

1 The order specifies that he was not in compliance with an

2 earlier order he was awarded.

3 THE COURT: okay. well, let me interrupt for one

4 second, please.

5 is the State objecting to the order to compel?

6 MR. FUCHS: No, Your Honor.

7 THE COURT: Okay. So the order to compel is coming

8 in.

9 MR. WAY: Okay.

10 THE COURT: Beyond that.

11 MR. WAY: Beyond that, Your Honor, Ms. Win --

12 Ms. Gonzalez would know, as a matter of fact, that there

13 were segregated premarital assets that were not at issue

14 in the family law case and could not be adjudicated in

15 the family law case. Part of that is -- was raised by

16 Mr. winchester's testimony that I believe he testified

17 that Ms. Williams kept things in her name and she had her

18 own assets.

19 And in the course of the divorce, the lawyer would

20 know that there was, in fact, nonmarital assets that were

21 excluded from how the case was distributed. That's not

22 hearsay. That's the lawyer doing their lawyer's own

23 research to determine what's part and parcel of their

24 action.

25 THE COURT: You say it's not hearsay. I mean, what

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 547

1 it is is based on what the bank tells her is in the

2 account or what the stocks -- stockbrokers tell them is

3 in the account. How, how is it not hearsay?

4 MR. WAY: well, it, perhaps, Your Honor, would be

5 very similar to -- when the lawyer makes the preparation,

6 it would be very similar to the evidence that was

7 introduced yesterday from the insurance records.

8 THE COURT: Good example.

9 MR. WAY: There are-- there was information that's

10 compiled. Mr.Longsland[sic] doesn't know what happened

11 in 2000 but he'sable toreview records. He's avai --

12 you know, he'savailablebased on his training and

13 experience to say, this is what these records are.

14 Additionally, in Ms. Gonzalez's case, her financial

15 affidavit and/or the order would also be part of her

16 business records. They would have been retained by her

17 in her normal, ordinary course of business. So very much

18 like the exhibits introduced yesterday, it's numbers that

19 don't particularly, in that case, speak for themselves

20 but reflect a certain circumstance.

21 THE COURT: All right. I think the better -- the

22 comparison would be like the insurance person. That's a

23 good example. He was a custodian of the records. And if

24 we had someone here from the bank saying Ms. Winchester

25 had x amount of money in the bank and produced those

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 records, then, yes, that would not be hearsay.

2 Now, I'm not sure it's relevant, but it wouldn't be

3 hearsay. But for her lawyer to go to the bank and find

4 out how much money she has, that's hearsay. So maybe at

5 the appropriate time we'll take a proffer of

6 Ms. Gonzalez's testimony. It doesnTt sound to me like

7 much, if any, of it is going to be admissible. And I'm

8 not going to get before this jury to try a divorce case.

9 I think to the extent Mr. winchester denied

10 anything, that certainly is fair game. But my

11 recollection is he was pretty straightforward in his

12 answers about what was going on in the divorce. I don't

13 think he denied that he was subject to compulsion.

14 And -- anyway, we'll take a proffer of her testimony at

15 the appropriate time.

16 MR. WAY: And additionally offer, if I could, if the

17 Court is so inclined, I would attempt to offer her as an

18 expert in attempt to elicit an opinion as to the

19 financial position, given her experience and training.

20 THE COURT: she's not an expert in financial matters

21 and that -- you can't get around the hearsay by calling

22 them as an expert. All right. I -- we'll take a proffer

23 of her testimony --

24 MR. WAY: All right.

25 THE COURT: -- at the appropriate time.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 549

1 Anyotherissues?

2 MR.FUCHS: No, Your Honor.

3 THECOURT: Okay.

4 MR.WAY: No, Your Honor.

5 THECOURT: You want your --

6 MR.WAY: Yes.

7 THECOURT: -- motion to compel order -- motion to

8 compel back?

9 MR.WAY: Thank you, Your Honor.

10 THECOURT: Okay. Where do we stand on jurors?

11 THEBAILIFF: We have them.

12 THECOURT: yeah. Why don't we -- about five

13 minutes give y'allenough to run to the restroom and be

14 ready?

15 MR.FUCHS: Thank you, Your Honor.

16 THECOURT: We'll start in five minutes.

17 (Briefrecess.)

18 THEBAILIFF: All rise. Court is back in session.

19 THECOURT: Let's have a jury, please.

20 (Jury enters.)

21 THECOURT: EXCept for the witness, everybody have a

22 seat, please.

23 Ma'am, ifyou would face the clerk and be sworn,

24 please. Raiseyour right hand.

25 whereupon,

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 550

1 KATHERINE THOMAS

2 was called as a witness, having been first duly sworn, was

3 examined and testfled as follows:

4 THE COURT: You can have a seat.

5 Good morning, folks. Thank you for being back here

6 this morning. we're really reverberating. I need to

7 keep my voice down. I don't have control over the volume

8 in this courtroom. It's a little odd. In the courtroom

9 I normally control that. The volume control is right

10 here. So if it seems a little funny on the volume,

11 it's -- well, we're going to cut it down?

12 MR. FUCHS: A little bit.

13 THE COURT: All right. The other day we happened to

14 hit the wrong button and muted a bunch of the speakers.

15 So I'm not touching it anymore.

16 You may proceed, Mr. Rogers.

17 MR. FUCHS: Thank you, Judge.

18 DIRECT EXAMINATION

19 BY MR. ROGERS:

20 Q Ma'am, can you please state and spell your name for

21 Madam Court Reporter?

22 A Katherine, K -A -T -H -E -R -I -N -E, Thomas, T -H -O -M -A -S.

23 Q Ms. Thomas, do you currently live in Tallahassee?

24 A No.

25 Q where do you live?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 551

1 A I live in North Carolina.

2 Q okay. At some point did you live in Tallahassee?

3 A Yes.

4 Q Did you grow up in Tallahassee?

5 A Yes.

6 Q Do you know who Mike williams is?

7 A Yes.

8 Q How do you know Mike williams?

9 A I know Mike Williams. we met in elementary school.

10 Q what elementary school?

11 A North Florida Christian.

12 Q okay. So how long did you know Mike?

13 A I met him when we were in fifth grade. And so I

14 knew himfrom then and until he passed away.

15 Q okay. were you friends with Mike?

16 A Yes.

17 Q Can you describe that friendship? Were you just

18 friends? Did you ever date? Anything like that?

19 A we were friends. we did date, like, went together,

20 you know. When we dated, we couldn't drive so -- but we

21 remainedfriends throughout, you know, our growing up.

22 Q were you friends after high school?

23 A Yes.

24 Q okay. Do you know who Denise Williams is?

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 552

1 Q when did you first meet Denise Williams? And what

2 was hername at that point?

3 A Her -- I met Denise Merrell in ninth grade at North

4 FloridaChristian school. we went to high school together.

5 Q were you friends?

6 A we were friends. we, we werenTt best friends in

7 high school but we were friends. we cheer -- cheered together

8 and -- itwas a small school, so, you know, everyone knew each

9 other pretty well . And we were friends.

10 Q Now, did Mike and Denise date in high school?

11 A Yes. They did.

12 Q Okay. And they eventually got married; is that

13 right?

14 A That's correct.

15 Q Do you know who Brian Winchester is?

16 A Yes.

17 Q whoTs Brian Winchester?

18 A Brian winchester, I met him in ninth grade, also at

19 North Florida. And we started dating when I was -- we were

20 juniors. we were both juniors in high school. And then we

21 eventuallygot married, also.

22 Q when did you get married?

23 A We got married in 1994, May of 1994.

24 Q And were Mike and Denise married around that same

25 time frame?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 553

1 A uh-huh. They were married in December. But, but,

2 yes, withinthe same year.

3 Q Okay.

4 A yeah.

5 Q Now, did y'all do things together?

6 A we did. uh-huh.

7 Q As couples.

8 A Yes. Yes.

9 Q Can you describe some of the things that you did

10 togetheras couples, at that point?

11 A well, we would do things like go out to eat. we

12 would goto movies. You know, the normal just kind of like,

13 you know-- if something, you know, a movie or dinner. You

14 know, justkind of like couple dates type stuff. we --

15 Q Double dating with a --

16 A Double dating. Right. Yes. And we would do --

17 both Brian,Mike would hunt and fish. And so Denise and I

18 would tagalong. You know, we would do those sorts of things,

19 go to thecoast and, you know, go on a dove hunt or -- you

20 know, justthings like this. we did couple things like that

21 together.

22 Q Now, you and Brian had a son together; is that

23 right?

24 A Yes.

25 Q And when was your son born?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 554

1 A He was born in February of 1999.

2 Q And Denise and Mike had a daughter.

3 A Correct.

4 Q And was -- Anslee was born around the same time as

5 your son?

6 A She was born in May of '99.

7 Q Okay. At some point, your marriage to Brian

8 winchesterstarted to have some problems; is that fair to say?

9 A Yes. That -- yes. That's correct.

10 Q You eventually separated.

11 A Correct.

12 Q when did you separate?

13 A we separated September 11th, 9/11 of --

14 Q of 2001.

15 A 2001. Correct.

16 Q Okay. And when did you finally finalize the

17 divorce?

18 A The divorce was final in 2004, April of 2000 --

19 April of2003. I'm sorry.

20 Q Okay. Ms. Thomas, you're a little nervous today,

21 aren't you?

22 A I am a little bit nervous.

23 Q Okay. And this is hard to talk about, fair?

24 A uh-huh. Yes.

25 Q Did you suspect that Brian Winchester, your husband,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 555

1 was having an affair with Denise Williams?

2 A I did suspect that.

3 I want to take you back to December of1999. This

4 is beforeyou're separated --

5 A Okay.

6 Q -- right?

7 A (Nods head.)

8 Q Did you receive a phone call from theTallahassee

9 police Department?

10 A Yes.

11 Q what was that phone call in referenceto?

12 A It was in reference to -- there was apolice officer

13 who was standingat Brian's truck and she said,you know,

14 ma'am, I'mhere. Your truck is in this parkinglot. And she

15 was just,like, doing a call, sort of like thistruck is here.

16 And I guessshe had looked at the registrationand saw that it

17 was ours. And so she was at Brian's truck.

18 Q And she gave a description of the truckto you?

19 A she did because --

20 Q And did that match everything, down --

21 A Yes. Yes. She, she -- I was, like,that -- you

22 know, it,it can't be. And she said, well, ithas a bumper

23 sticker,you know, this bumper sticker, this bumpersticker,

24 this bumpersticker. And so I was like, well,yes, that is

25 our vehicle.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 556

1 Q well, you just said it can't be. why did this --

2 why couldn'tit be Brian's truck?

3 A Brian had told me that he was in Arkansas hunting.

4 And so iwas confused as to why she was telling me that she

5 was at thetruck, because I had been told by Brian that he was

6 in Arkansas--

7 Q okay.

8 A -- with the truck hunting.

9 Q Now, were you told the location of the truck? was

10 it at achurch?

11 A Yes. It was, it was at a church, Grace Church. Or

12 Grace isin the name. I'm not sure the whole name.

13 Q Generally located, was that close to where Denise

14 williamswas living at the time?

15 A Yes.

16 Q where was Denise Williams living at the time?

17 A she was living at Cen -- on Centennial Oaks Drive.

18 Q I want to fast -forward a little bit. I now want to

19 talk toyou about a trip that you took to Panama City. Do you

20 remembera trip like that?

21 A Yes.

22 Q who went on that trip?

23 Actually, letTs start with this. Who was supposed

24 to go onthat trip?

25 A It was supposed to be the four of us. It was

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 557

1 supposed to be me and Brian and Denise and Mike.

2 Q what was the purpose of the trip? why were you

3 going toPanama City?

4 A It was supposed to be like a birthday trip.

5 Q whose birthday were we celebrating?

6 A Denise's 30th birthday.

7 Q Okay. And so she was born in 1970; is that right?

8 A Yes.

9 Q And so her 30th birthday would have been when?

10 A 2000.

11 Q Okay. Do you know what month we're talking about

12 that thiswas, that the trip was planned?

13 A It, it, would have been, you know, spring, March or

14 April.

15 Q Okay.

16 A You know, I don't know how the weekends would have

17 lined upbut --

18 Q springtime of 2000.

19 A Correct.

20 Q And what was the plan? were you meeting someplace

21 and drivingover together or what?

22 A The plan was for Mike and Denise to come over to our

23 house onMinnow Creek Drive, and we were going to all drive

24 togetherover there.

25 Q And --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 558

1 A To Panama City.

2 Q Did Mike show up?

3 A No.

4 Q Did Denise show up?

5 A Yes.

6 Q were you informed that Mike wasn't going?

7 A Yes.

8 Q How did that make you feel?

9 A I didn't want to go. I --

10 Q why?

11 A Because, at that point in our lives, whenever it was

12 just mewith Brian and Denise, it was uncomfortable. I felt

13 like a thirdwheel. I felt like I was on a date with the two

14 of them.

15 Q okay. So how did you respond to the idea of going

16 to Panamacity with Denise and your husband?

17 A I said if Mike doesn't have to go,I donTt have to

18 go either. I didn't want to go. And I had,I guess, sort of

19 a littletantrum and I ran inside and I locked myself in the

20 bathroomand I said I'm not going.

21 Q But you eventually went.

22 A I did.

23 Q why did you go?

24 A Just because, as I was there in the bathroom, they

25 were onthe other side just talking me into going.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 559

1 Q Okay.

2 A And...

3 Q So let's talk about the trip itself. when you got

4 there, doyou remember going out to clubs?

5 A Ido.

6 Q Okay. Do you remember going to a strip club?

7 A Ido.

8 Q Was Brian and Denise both present for that?

9 A Yes.

10 Q Did you drink a lot that weekend or that -- on that

11 trip?

12 A Yes.

13 Q Do you remember having photographs taken of you?

14 A I don't remember specifically the moments that that.

15 But wheni saw the photograph, I,I knew what it was.

16 Q who took the picture?

17 A Brian did.

18 Q Do you remember any other details of what happened

19 after thosephotographs would have been taken?

20 A I don't. I don't remember specifically a lot about

21 that weekend.

22 Q Now, at some point did you find some movie tickets?

23 A i did.

24 Q Did that increase your suspicion that Brian was

25 having anaffair?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 560

1 A Yes, it did.

2 Q where did you find the movie tickets?

3 A I found them in his wallet.

4 Q In whose wallet?

5 A I found them in Brian's wallet.

6 Q Okay.

7 A I found two movie tickets.

8 Q what was the movie that the tickets were for?

9 A It was for a movie called The virgin Suicides.

10 Q And jUst to be clear, are these used tickets or

11 ticketsthat you bought beforehand?

12 A They were used tickets.

13 Q Okay.

14 A And I knew I had not gone to see the movie. So I --

15 it waslike they --

16 Q That raised, that raised your suspicions?

17 A Yes. It was like...

18 Q what does the name Meridian mean to you?

19 A Meridian is a name that when we would, like, go out,

20 it wasa name that kind of became a party name for Denise.

21 Q okay. who came up with the name?

22 A I cannot remember specifically whose idea it was.

23 She livedon Meridian Road at that time. And we had gone to a

24 concertat The Moon. And at the end of the concert, you

25 could,like, go up to the band and they would sign a CD or

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 561

1 whatever. And that night, you know, she had them -- she was

2 like, oh,say to Meridian. You know, so they signed it. I

3 rememberthem signing it to her. So it just kind of

4 became...

5 Q So you've seen Denise use the name Meridian before.

6 A Yes.

7 Q Did you ever find a receipt that referenced the name

8 Meridian?

9 A I did.

10 Q Can you tell the jury where you found that receipt?

11 A I had gone into Brian's office. And this is when I

12 was contemplatingwhat my next steps would be as far as moving

13 out. wedidnTt have bills sent to our house. He would have

14 all of ourbills sent to his office. So I had gone to his

15 office oneevening, and I was just looking through his desk

16 drawers,just trying to find out information about our

17 financiallife.

18 Q And you came across a receipt?

19 A And I came across the receipt.

20 MR. ROGERS: Judge, may I approach the witness?

21 THE COURT: You may.

22 BY MR. ROGERS:

23 Q Ms. Thomas, ITm going to show you what ITve marked

24 as State'sExhibit 20. is this the receipt that you're

25 talking about?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 562

1 A Yes, sir.

2 Q Is that a fair and accurate copy of that receipt?

3 A Yes, it is.

4 MR. ROGERS: Judge, I would offer State's Exhibit 20

5 intoevidence at this time.

6 THE COURT: Any objection?

7 MR. WAY: A little more foundation on the date of

8 thereceipt, Your Honor.

9 MR. ROGERS: Sure, Judge.

10 BY MR. ROGERS:

11 Q There's a date on the receipt. what is the date on

12 that?

13 A It says 07/28/01.

14 Q Okay. Is that during the time that you just

15 testifiedto?

16 A Yes.

17 MR. ROGERS: Judge, I would offer State's Exhibit

18 20.

19 THE COURT: Further objection? I didn't hear you.

20 MR. WAY: No objection.

21 THE COURT: All right. It will be admitted without

22 objection.

23 (State's Exhibit No. 20 received in evidence.)

24 MR. ROGERS: Permission to publish, Your Honor.

25 THE COURT: You may.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 563

1 BY MR. ROGERS:

2 Q Now, Ms. Thomas, this is a -- obviously a copy and

3 we can'tflip over the, the first part of the receipt; is that

4 right?

5 A That's correct.

6 MR. ROGERS: Judge, do you have a laser pointer?

7 THE COURT: I do.

8 BY MR.ROGERS:

9 Q Can you point out the date of -- the area that the

10 date isfound?

11 A Right there.

12 Q Right there? Okay.

13 where was this receipt from?

14 MR. ROGERS: May I approach the witness, Judge?

15 THE COURT: You may.

16 BY MR.ROGERS:

17 Q i know it's kind of hard to read it up there.

18 A It's from The Gold Center.

19 Q Okay.

20 THE COURT: From? I didn't hear you.

21 THE WITNESS: The Gold Center.

22 BY MR.ROGERS:

23 Q And you were able to, actually, at one point, look

24 at theentire receipt; is that fair?

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 564

1 Q what was the receipt for?

2 A It was for a necklace. And It was during a time

3 when itwas kind of popular to have a name on a -- like a gold

4 name. And it was the name Meridian. It, it was like a

5 necklacewith the name Meridian. So I knew what that was.

6 And that'swhat the receipt was for, was for one of those

7 necklaces.

8 Q And that date is July -- late July of 2001.

9 A Correct.

10 Q That's before you separated from Brian winchester;

11 is thatright?

12 A Yes. That's correct.

13 Q And you separated from Brian Winchester

14 approximately-- about a month after that.

15 A uh-huh.

16 Q A month and a half?

17 A Right. uh-huh.

18 THE COURT: She's trying to take down what you say.

19 So--

20 THE WITNESS: oh.

21 THE COURT: -- if you'll say yes or no. It will --

22 THE WITNESS: Okay.

23 THE COURT: -- assist her, please.

24 THE WITNESS: I'm sorry.

25 BY MR.ROGERS:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 565

1 Q And, ultimately, you divorced Brian winchester.

2 A Yes, sir.

3 Q i want to fast -forward now to August of 2016. were

4 you awarethat Brian winchester kidnapped Denise williams, who

5 was thenDenise winchester?

6 A Yes.

7 Q After that occurred, did you have conversations with

8 Denise Williamsabout what occurred?

9 A Yes.

10 Q About a week after that incident, that kidnapping,

11 did Deniseask you to do something?

12 A Yes.

13 Q what did she ask you to do?

14 A Denise asked me to tell Marcus to get a message to

15 Brian thatI'm not talking.

16 Q That was a week, approximately, after the

17 kidnapping.

18 A Yes.

19 Q Sometime after that, did you start communicating

20 with theFlorida Department of Law Enforcement?

21 A Yes.

22 (Off-the-record discussion.)

23 BY MR. ROGERS:

24 Q Let me go back. who's Marcus?

25 A Marcus is Brian winchester's father, Marcus

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 566

1 winchester.

2 Q okay. when you say, I'm not talking, is it

3 referring that Kathy Thomas is not talking, or Denise Williams

4 is not talking?

5 A That Denise was not talking. she wanted me to tell

6 Marcus to tell Brian that she wasn't talking. And she said,

7 I'm not talking. But that was her saying that to me.

8 Q Okay. After that, at some point, did you start

9 having communications with Florida Department of Law

10 Enforcement, FDLE?

11 A Yes.

12 Q was there anyone in particular that you started

13 communicating with?

14 A William Mickler.

15 Q okay.

16 A And Mike Devaney.

17 Q And at some point after that, did you agree to start

18 working as a confidential source?

19 A Yes, I did.

20 Q As part of that, were you given a way to make

21 recordings?

22 A Yes.

23 Q After that, did you ever confront Denise about what

24 she asked you to do that week after the kidnapping?

25 A Yes, I did.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 567

1 Q Did you record that conservation?

2 A Yes, sir.

3 MR. ROGERS: Judge, may I approach?

4 THE COURT: You may.

5 BY MR. ROGERS:

6 Q Ms. Thomas, ITm showing you what I've marked as

7 State's Exhibit 16. This is a recording. Did you have a

8 chance toreview this in our office before your testimony

9 today?

10 A Yes.

11 Q Is that a fair and accurate depiction of the

12 recordingthat you made?

13 A Yes.

14 MR. ROGERS: Judge, I would offer State's Exhibit 16

15 intoevidence at this time.

16 THE COURT: Any objection?

17 MR. WAY: No, Your Honor.

18 THE COURT: It will be admitted.

19 (State's Exhibit No. 16 received in evidence.)

20 MR. ROGERS: Permission to publish, Your Honor.

21 THE COURT: You may.

22 (State's Exhibit No. 16 is published as follows):

23 MS. THOMAS: And I'm headed over to my mom's to --

24 I'vegot a test tonight and so I'm --

25 MS. WILLIAMS: uh-huh.

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER .:

1 MS. THOMAS: -- going to study and meet over there.

2 I think we're going to be coming to the house. I'm just

3 going to meet over there.

4 MS. WILLIAMS: Yeah.

5 MS. THOMAS: Right.

6 MS. WILLIAMS: So you're driving back. So does that

7 mean Max is worse or you were heading back anyway

8 or...

9 MS. THOMAS: well, I was headed back anyways but

10 this way if --

11 THE COURT: If we can pause it for a second. Can

12 you pause it for one second?

13 (State's Exhibit No. 16 is paused.)

14 THE COURT: I think we ought to have her identify

15 who's talking so the jury can follow it a little bit

16 better.

17 BY MR. ROGERS:

18 Q There's two people on this recording; is that right?

19 A Yes.

20 Q One voice is yours.

21 A Yes.

22 Q And who's the other voice?

23 A Denise.

24 THE COURT: Okay.

25 (State's Exhibit No. 16 continues as follows):

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 569

1 MS. WILLIAMS: Anyway, it was in there.

2 MS. THOMAS: I did. I got the CD. It was in my

3 purse.

4 MS. WILLIAMS: (Inaudible) would not shut up. So I

5 could not even talk to you.

6 MS. THOMAS: yeah. I know.

7 MS. WILLIAMS: I was just, like, I'll stick it in

8 your purse.

9 MS. THOMAS: Hang on one second. I just got in the

10 car. I just stopped to get coffee. Let me get --

11 (State's Exhibit No. 16 is paused.)

12 BY MR. ROGERS:

13 Q That person who just said,I just got in the car.

14 just got to get coffee, whose voice is that?

15 A That was me.

16 Q Okay. So the other voice is Denise.

17 A That's right.

18 (State's Exhibit No. 16 continues as follows):

19 MS. WILLIAMS: All right.

20 MS. THOMAS: Okay. So I am -- it's starting to

21 mist, again. This is going to be, like, a miserable

22 drive.

23 MS. WILLIAMS: oh.

24 MS. THOMAS: So I'm kind of freaking out about this

25 subpoena.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 570

1 MS. WILLIAMS: I'm sure. when is it?

2 MS. THOMAS: It's February 22nd.

3 (State's Exhibit No. 16 is paused):

4 BY MR. ROGERS:

5 Q The person who is talking about a subpoena, that was

6 your voice, right?

7 A Yes.

8 Q And the person who said, I'm sure, that's Denise

9 williams' voice.

10 A That's correct.

11 Q Okay. When you're talking about a subpoena, what

12 are you talking about?

13 A well, as one of the things that, as a confidential

14 source that William Mickler -- you know, we were going to say

15 that I had received a subpoena so that, that was going to be a

16 subpoena for me to have to talk to Mr. Devaney about, you

17 know, the case. I had,I had received a subpoena from Mike

18 Devaney and this was all under the --

19 Q That never -- so that never happened.

20 A That never happened. That was part of, part of

21 being the confidential source.

22 Q That's how we're getting to everything to --

23 A Correct.

24 Q -- to bring up the subject.

25 A To bring up the subject, correct. For me to talk to

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 571

1 her and say, I've got -- I have receivedthis subpoena. I'm

2 going to have to talk about this. And thisconservation is us

3 talking about what I'm going to be sayingin that supposed

4 subpoena.

5 Q Okay.

6 (State's Exhibit No. 16 continuesas follows):

7 MS. WILLIAMS: Come back to it,like, you have to

8 travel and you -- I mean, they can'tdo it up there, all

9 that kind of stuff?

10 MS. THOMAS: well, the attorneythat I talked to,

11 he's just like a mortgage attorney.

12 MS. WILLIAMS: yeah.

13 MS. THOMAS: So he said -- he'slike, you know, I

14 could call -- he's like, I don't dothis but I could call

15 and see if you could do it over -- youknow, he's like,

16 you would have to go somewhere whereyou would get sworn

17 in because the whole --

18 MS. WILLIAMS: Yeah.

19 MS. THOMAS: -- thing is like gettingsworn in.

20 MS. WILLIAMS: yeah. yeah.

21 MS. THOMAS: So I was like, allright. well, you

22 know, just let me kind of figure outwhat I'm going to

23 do.

24 MS. WILLIAMS: Because Andy hadsaid that to you,

25 remember, when you were going to getdepositioned.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 572

1 MS. THOMAS: yeah.

2 MS. WILLIAMS: That was a subpoena, too.

3 MS. THOMAS: Right.

4 MS. WILLIAMS: But I don't know if they ever did it.

5 But.

6 MS. THOMAS: No, no. They didn't ever do it.

7 MS. WILLIAMS: I just can't imagine that -- what if

8 somebody lived in Alaska or another country? You know, I

9 don't know, whatever.

10 MS. THOMAS: well, here's, here's my problem. And

11 I'm, I'm going to get upset here. But my problem is that

12 I can't really talk to about any of this.

13 MS. WILLIAMS: Uh-huh.

14 (State's Exhibit No. 16 is paused):

15 BY MR. ROGERS:

16 Q Who's Rocky?

17 A He's my husband. My current husband.

18 Q Okay. Thank you.

19 (State's Exhibit No. 16 continues as follows):

20 MS. THOMAS: Because I know, I know they're wanting

21 to talk to me about Mike. And,I mean, over the time

22 that we've been married, I've always just pretended like

23 I don't know anything.

24 MS. WILLIAMS: uh-huh.

25 MS. THOMAS: And,I mean, I do know.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 573

1 MS. WILLIAMS: What do you know?

2 MS. THOMAS: well , do you remember back when all of

3 that happened with you and Brian and Chuck in Atlanta?

4 MS. WILLIAMS: Yeah.

5 MS. THOMAS: well, Brian called me at the shop

6 crying and --

7 MS. WILLIAMS: Before or after?

8 MS. THOMAS: -- mad. Well, I -- you know, I don't

9 know, because I didn'tknow all of that had happened

10 until Chuck wroteme a letter.

11 MS. WILLIAMS: uh-huh.

12 MS. THOMAS: But Brian had figured out that you were

13 cheating on him withChuck. And he just told me about

14 Mike.

15 MS. WILLIAMS: What did he say? He called you upset

16 about Chuck, and then he wanted to talk about Mike.

17 MS. THOMAS: He was mad at you.

18 MS. WILLIAMS: uh-huh.

19 MS. THOMAS: And so he told me. He told me about

20 what happened to Mike.

21 MS. WILLIAMS: Well,I would love to know what

22 happened to Mike. He never told me. They said they

23 found his remainsand that he was beaten or that he was

24 shot.

25 MS. THOMAS: Brian told me that y'all planned it.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 574

1 MS. WILLIAMS: Planned what? oh, my gosh.

2 MS. THOMAS: And Marcus showed up at the shop later

3 that afternoon.

4 MS. WILLIAMS: Uh-huh.

5 MS. THOMAS: You know, telling me how I would have

6 to take this to my grave, that it would --

7 MS. WILLIAMS: Wait, wait, wait. So --

8 MS. THOMAS: -- ruin --

9 MS. WILLIAMS: -- Marcus --

10 MS. THOMAS: -- life. It would ruin -- you know,

11 apparently, Briantold Marcus that he had talked to me

12 and he went on tojust tell me -- Marcus went on to tell

13 me how my life would be ruined, how I would never be able

14 to start over. If Stafford's life was ruined, if...

15 MS. WILLIAMS: So Marcus knew? And when you said

16 Brian said y'all,you're talking about me and Brian or

17 Marcus or who?

18 MS. THOMAS: You and Brian. And whenever --

19 MS. WILLIAMS: And Marcus end up -- Marcus is

20 involved? I mean,obviously, if he came and talked to

21 you.

22 MS. THOMAS: well, it's just the whole --

23 MS. WILLIAMS: obviously, he's never talked to me.

24 MS. THOMAS: -- you know, shut it down -- shut down.

25 So, you know, whenever.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 575

1 MS. WILLIAMS: What in the world?

2 MS. THOMAS: I mean, it's, it's, it's --

3 MS. WILLIAMS: And then you got a letter from Chuck.

4 My parents got a letter, too. But you got a letter from

5 Chuck, and he's talking about it, too, or no?

6 MS. THOMAS: Chuck told me what happened in Atlanta.

7 MS. WILLIAMS: In Atlanta. okay. yeah.

8 MS. THOMAS: So here's the deal. Here is the deal.

9 Hang on. SomebodyTs texting me. Rex is not doing well.

10 MS. WILLIAMS: Aw. Yeah. That's pretty major,

11 especially with Marcus involved.

12 MS. THOMAS: well, I mean, I know that you know

13 something, Denise, because whenever I was going out to

14 see Marcus, you're like, tell Marcus to tell Brian I'm

15 not talking.

16 MS. WILLIAMS: Yeah.

17 MS. THOMAS: And I knew what that meant.

18 MS. WILLIAMS: Well, that's why -- because what

19 they'd been doing is they've been lying to me and they've

20 been lying to them. And, obviously, I mean, because you

21 told me the thing about him saying what I wrote in the

22 letter to the judge, which I didn't. And so they're

23 playing everybody against each other. That, you know,

24 that --

25 MS. THOMAS: Here's the thing. Here's the thing.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 576

1 don't even care about all that anymore, because time has

2 moved on. Mike is in heaven. So here is my problem.

3 Here is, like, my problem. And Rocky doesn't know any of

4 this. Rocky doesnTt know that I know. And all these

5 years, anytime anything ever came up about Mike, I just

6 sit with my mouth shut. He never would have married me

7 if he had known.

8 MS. WILLIAMS: This has nothing to do with you.

9 MS. THOMAS: It has everything -- I had been lying

10 to him for 15 years.

11 MS. WILLIAMS: But you're talking about something --

12 Chuck happened years later. So then you're saying that

13 years later Brian told you something. Marcus came to

14 you. So two people came to you to talk to you about this

15 years after it happened. Had you even -- had you met

16 Rocky then?

17 MS. THOMAS: Yes.

18 MS. WILLIAMS: I mean, but that has -- that, that --

19 what that has to do with is two people telling you

20 something. That has nothing to do with you and anything

21 that you did or anything that you didn't do. You know, I

22 mean, it doesn't. And there's nothing you can't tell

23 Rocky. I know that. I'm sure of that. So that's why

24 you were talking about losing your family.

25 MS. THOMAS: I am going to lose my family.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 577

1 MS. WILLIAMS: oh.

2 MS. THOMAS: if I lie, if I lie whenever they ask me

3 do you know what happened to Mike, if I lie --

4 MS. WILLIAMS: What are you --

5 MS. THOMAS: -- then now, now what happens? And

6 then when I go home and Rocky says, why didn't you ever

7 say anything? Like, how, how do I explain that? How do

8 I explain that I just decided to forget it? He never

9 would have married me.

10 MS. WILLIAMS: I don't believe that. That has --

11 because, because you didn't -- it has nothing to do with

12 you.

13 MS. THOMAS: Because I know. He hates lying.

14 MS. WILLIAMS: Well --

15 MS. THOMAS: I've never lied to him about anything.

16 But every time that anything comes up about Mike,I

17 just -- that is a lie. It is --

18 MS. WILLIAMS: Well, that you didn't, you didn't

19 tell him what Brian told you --

20 MS. THOMAS: Right.

21 MS. WILLIAMS: -- and you didnTt tell him what

22 Marcus told you.

23 MS. THOMAS: Right.

24 MS. WILLIAMS: So, again, it's two things that two

25 people told you. But it's not you. It's not -- he fell

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 578

1 in love with you. It's not you.

2 MS. THOMAS: well , what am I supposed to do when

3 they ask me?

4 MS. WILLIAMS: I, I, I mean --

5 MS. THOMAS: what am I supposed to do?

6 MS. WILLIAMS: Was he pushing -- he was pushing you

7 on the phone about it? Is that what you were saying?

8 MS. THOMAS: Yeah. Rocky is like, why do you have

9 this? why do they want to talk to you?

10 MS. WILLIAMS: I mean, my guess was because you were

11 married to Brian at the time. You knew Brian. I'm

12 guessing that -- I don't know. I mean, if all this is

13 tied to this guy that he talked to, then I'm guessing

14 he'd want to talk to you because you were friends with

15 us.

16 But,I mean -- but this -- again, it has nothing to

17 do with Rocky or your girls or your family, nothing,

18 nothing. They weren't even around then. And you werenTt

19 either. This is years later. Because I'm trying to

20 think. It was three, at least three years later when I

21 was with Chuck.

22 And, I mean, Rocky's not going to -- it's not that

23 you kept this lie that people told you. If you decide to

24 tell him, he's going to be fine. If you don't, he's not

25 going to -- you're not going to -- he's not going to be

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 579

1 like, we're getting a divorce. I mean, there's no way.

2 There's no way. And if you would have told him back

3 then, when y'all were engaged or getting engaged or

4 whatever, it still had nothing to him meeting you, him

5 falling in love with you, him wanting to marry you, your

6 family. It has to do with Brian and Marcus. You know

7 what I'm saying?

8 So it's February 22nd; is that what you said?

9 MS. THOMAS: uh-huh.

10 MS. WILLIAMS: Is it a trial? Because it said a

11 witness something. I didn't understand what that term

12 meant, because I got subpoenas before for depositions.

13 MS. THOMAS: It's at home. I don't have it with me.

14 It's --

15 MS. WILLIAMS: oh.

16 MS. TODMAN: It just says, like, I have to go down

17 to the State Attorney's Office at ten o'clock in the

18 morning.

19 MS. WILLIAMS: The State Attorney. yeah. Because

20 that's where I think -- that's where I have to go, too.

21 And you and Marcus, have y'all ever spoken since? Has he

22 ever said anything to you since?

23 MS. THOMAS: No. It's just been understood that,

24 you know, if I ever said anything, then everything, you

25 know, all the, all the stupid shit we ever did would --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 everybody would know. You know, and...

2 MS. WILLIAMS: yeah.

3 MS. THOMAS: Everybody would know and wouldn't that

4 be awful when, you know, Mike's in a better place. And

5 so, you know, but -- I don't know.

6 MS. WILLIAMS: I mean, that -- him saying all that

7 to you, again, that's using fear and the unknown to try

8 to control you. I mean, it's typical -- you know.

9 MS. THOMAS: Denise, I'm just going to ask you this,

10 because I've been thinking about it. But, like, not long

11 before Mike's -- he called me. Mike called me and he had

12 found a bunch of money in your wallet. And he said, I

13 think Denise has a boyfriend. He said he found a bunch

14 of money in your wallet, a bunch of cash. And he said

15 that you told him something about Deanna, that you told

16 him that Deanna had paid you back for something. And he

17 said that --

18 MS. WILLIAMS: yeah.

19 MS. THOMAS: -- he had asked Deanna. And Deanna --

20 MS. WILLIAMS: yeah.

21 MS. THOMAS: -- said that wasnTt true.

22 MS. WILLIAMS: Yeah. yeah. I recall that.

23 MS. THOMAS: But I remember thinking, like, he

24 knows. He knows that Denise and Brian like each other.

25 Then, like, I've always thought to myself if I had said,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 581

1 Mike, I think Brian has a girlfriend,I've always

2 wondered if he would still be here. Like,why couldn't

3 y'all just get a divorce? I've alwaysknown that you and

4 Brian loved each other. Brian told meone time that you

5 were his best friend and that was justthe way it was

6 always going to be. Did Mike find out?

7 MS. WILLIAMS: No. That was all-- I remember him

8 calling Deanna. I think I remember --I'm pretty sure

9 that he had told me that he had calledyou. But I know

10 for sure he called Deanna, because wetalked about it.

11 And I remember the conversation.

12 I don't remember -- I remember ustalking about it.

13 I remember that we were talking aboutCarol, because of,

14 like, the pot and stuff like that. Iremember talking

15 about that with him and -- I think Carolended up talking

16 to him because that's -- and I don't rememberhow much

17 money it was. I don't remember -- I,I do remember

18 money, and I do remember a conversationabout pot and

19 Carol and, and Deanna and everybody. He had talked to

20 Deanna, too. So I had to tell her aboutall that. So I

21 do remember that, yeah.

22 I guess I didn't know that he hadtalked to you.

23 But -- I don't know. I mean,I would-- I don't know.

24 just -- i can't do anything with the --I couldn't do

25 anything with the divorce. I couldn'tdo anything with

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 582

1 any of this without talking to an attorney. And, mainly,

2 i just talked with Becky's husband and then whoever

3 Christin tells me to talk to. But,I mean, you -- I

4 mean, that's all up to you. And telling Rocky, too, is

5 up to you. But, again, I don't --

6 MS. THOMAS: There's --

7 MS. WILLIAMS: -- I don't see him,I donTt see him

8 being like, oh, my God and, you know, I just -- but I

9 don't, I don't see him being like, we're getting a

10 divorce. And, surely, you don't see that.

11 MS. THOMAS: I do see that because I just know that,

12 like, every year that it comes up and, you know, if

13 there's something in the paper. And then I just,I just

14 know, like, every -- I know he would have said, why

15 didn't you ever tell me? I -- thatTs how he is because

16 he is good and honest. He's not like us. Hers, he's

17 good and honest. And he won't just say, if you've kept

18 this from me, what else? But if, if I go to the

19 interview and I'm --

20 MS. WILLIAMS: uh-huh.

21 MS. THOMAS: -- just like,I don't know anything, I

22 don't know anything --

23 MS. WILLIAMS: uh-huh.

24 MS. THOMAS: I mean, what if they catch me lying,

25 and then what happens?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 583

1 MS. WILLIAMS: I have no idea. I have no idea. I

2 mean, they told me that day that Brian did all that to

3 me. And they told me that we've been talking to Brian.

4 He's been saying this, that, and the other. I mean, he

5 told me all kinds of crap. And come to find out, one of

6 the attorneys told me that they went in there to talk to

7 him because they found him. And they went in there to

8 talk to him and that he -- Jansen was already there and

9 he didn't say one word. So -- I don't know.

10 So my point in telling you that is they could say,

11 oh, we know -- you know -- they can, they can say

12 whatever they want to say. And it's leading for them to

13 do that. So whether they ever say, we know you're lying

14 or we, whatever -- I mean, you don't know. You have no

15 idea if it's true or not because I usual -- I usually

16 find out later what's the actual truth. And the guy

17 asked me about you. But he just asked me about --

18 MS. THOMAS: who?

19 MS. WILLIAMS: -- our relationship or whatever.

20 That guy Mike. When he was fishing me with the --

21 MS. THOMAS: oh.

22 MS. WILLIAMS: -- when he started questioning.

23 MS. THOMAS: when you went to the police?

24 MS. WILLIAMS: Yeah. But I mean, it was just what

25 was your relationship and stuff like that. It wasn't

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 anything about Marcus. Marcus' name didn't come up or

2 anything like that. well, I'm sure if they -- I would

3 guess if they're doing this to you, they're doing this to

4 Marcus. I mean, I don't know.

5 MS. THOMAS: I don't know. But this weekend that

6 I'm going to -- when I get back, I'm going to, I'm going

7 to get just like a -- like, my -- they called me while I

8 was in town. I don't know how they know I was in town.

9 And so ITm not -- I'm going to get like a -- just like a

10 throwaway phone because -- God, who knows? I mean, I

11 don't know. I'm just scared. I just feel,I just feel

12 like why do they keep calling me? Like, calling me this

13 weekend and left a message that they knew I was in town.

14 So I think that they're listening to me.

15 MS. WILLIAMS: Probably. I mean,I don't, I don't

16 know but they could be. I don't know. I mean, I

17 would -- my advice to you is just to -- is to talk to

18 Rocky.

19 MS. THOMAS: I can't. I cannot do that. I don't

20 have anywhere to go. I don't even have a job.

21 MS. WILLIAMS: I just don't think it's going to be

22 what you think it's going to be. I really don't. And I

23 don't know how you can be married to him for the next

24 however many years and not say anything if itTs bothering

25 you that bad.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 585

1 MS. THOMAS: It wasn't bothering me until I got a

2 subpoena, untilI have to do it.

3 MS. WILLIAMS: yeah. I mean, that's the only thing

4 I can think of. But I think he would then -- then it

5 could be helping you. You know? I mean, I don't think

6 that he would be like, goodbye.

7 MS. THOMAS: It is starting to rain hard. I'm going

8 to have go for a sec -- I'm going to have to go.

9 MS. WILLIAMS: But that's -- I mean, after hearing

10 all this, that's what I think. And I think that you're

11 wrong. I think that he's -- I think you're right about

12 him being a kind, good person.

13 And I think that -- I mean, these are things that

14 people told you years after Mike died. I just -- I donTt

15 think heTs going, he's going to be like, we're getting

16 divorced and never talking to you again. I really don't.

17 But thatTs -- I mean, you know him better. But I just

18 don't. I just donTt.

19 MS. THOMAS: I'm going to pull over right here.

20 MS. WILLIAMS: Be careful --

21 MS. THOMAS: All right, yeah. I got to go.

22 MS. WILLIAMS: okay. All right. Be careful . Bye.

23 MS. THOMAS: Bye.

24 (State's Exhibit No. 16 concludes.)

25 BY MR. ROGERS:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q That other voice on the tape is Denise Williams,

2 right?

3 A Yes.

4 Q Do you see Denise williams in the courtroom today?

5 A Yes, I do.

6 Q Can you point her out and identify an article of

7 clothing that she's wearing?

8 A Yes. She's right over here on the -- to the right

9 of me,and she's wearing a gray sweater.

10 MR. ROGERS: MY the record reflect that the witness

11 has identified the defendant, Denise williams?

12 Nothing further.

13 THE COURT: Cross.

14 CROSS-EXAMINATION

15 BY MR.WAY:

16 Q Good morning, Ms. Thomas.

17 A Good morning.

18 Q In that tape-recording we just heard, did -- was it

19 FDLE'sidea for you to cry and be upset? Is that, that

20 natural?

21 A I don't remember having -- it -- I don't understand

22 the question, I guess.

23 Q well, you indicated that FDLE had set you up with a

24 littlebit of a script about having a subpoena.

25 A Correct.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 587

1 Q Told you as an investigative source to make calls to

2 Denise williams?

3 A Yes.

4 Q During this course of time that you were doing that,

5 how manytimes did you talk with Denise williams on the phone

6 prior torecording that particular call?

7 A As a confidential source or --

8 Q No. No.

9 A -- just in general do you mean?

10 Q well, just in general, how often would -- let me

11 help youout here. LetTs just pick a narrow time frame.

12 LetTs saybeginning January 1 of this year, 2018. okay?

13 A okay.

14 Q As i understand it, this phone call was recorded

15 when? Sometimein February of 2018?

16 A Yes, sir.

17 Q okay. So letTs just begin with January 1. How many

18 times doyou think you would have spoken with Denise Williams

19 on the telephoneprior to this recorded call?

20 A Probably every day.

21 Q would you also have texted back and forth?

22 A Yes.

23 Q Did you talk about the same types of thing that you

24 talk about,husbands, getting coffee, driving?

25 A Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q How many times -- did, did you record all of those

2 conversations?

3 A I cannot remember specifically how many I recorded.

4 Q But it was more than one?

5 A Yes, sir.

6 Q And you sent all of those recordings to the Florida

7 Departmentof Law Enforcement?

8 A I'm not sure that I understand. Every one of our

9 everydayconversations, or every one of the recorded

10 conversations?

11 Q well, let's start with the recorded conversations.

12 A Yes. I gave all of those to FDLE. Yes, sir.

13 Q And how many of those do you think there were?

14 A I think there were maybe four to -- maybe four to

15 six.

16 Q Okay. And those were all the conversations that

17 were scriptedout by the Florida Department of Law Enforcement

18 to lie toMs. Williams that you had received this subpoena

19 when in factyou had not.

20 A when I was working for FDLE. Yes, sir.

21 Q So it would be fair to say, when you were making

22 these callswith Ms. Williams while working for FDLE, you were

23 at leastlying in part about what was actually going on.

24 A Yes.

25 Q The -- and that phone call speaks for itself, so the

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 jury'sheard it and they can hear it again. So I'm not going

2 to getinto what everybody said and what you said. Only to

3 suggestthat -- was Denise -- Denise is your friend, isn't

4 she?

5 A Yes.

6 Q And as that phone call was ending, she was trying to

7 be yourfriend. She was telling you to be safe, wasn't she?

8 A Yes, sir.

9 Q And you two probably talked the day after that phone

10 call, didn'tyou?

11 A Yes.

12 Q Now, you testified on direct examination that you

13 suspectedthat Brian Winchester and Denise Williams were

14 havingan affair. You suspected that.

15 A Yes, sir.

16 Q Okay. But you don't know that, do you?

17 A I never caught them kissing or -- I never saw with

18 my owneyes them specifically in a physical embrace. No, sir.

19 I nevercaught them.

20 Q You don't know if they were having an affair as a

21 fact.

22 A I never caught them in the act. That is correct.

23 That isa fact.

24 Q You had talked about -- well, Brian was a selfish

25 husband,wasnTt he?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 590

1 A Yes, he was.

2 Q And you were having a troubled relationship with

3 Brian winchester well before your separation in September of

4 2001, correct?

5 A Yes, sir.

6 Q All right. And isn't it fair to say that in 2000

7 you were basically sleeping in a different room from

8 Mr. winchester?

9 A Yes, sir. That's fair to say.

10 Q You were either sleeping in Stafford's room, or you

11 were sleeping on the couch. You remember that?

12 A Yes.

13 Q You had mentioned earlier that you had some

14 suspicions about Brian. Do you know who Angela Stafford is?

15 A I do know who she is.

16 Q Did you ever learn Angela Stafford and your then

17 husband, Brian Winchester, had gone out to Klemen Plaza after

18 Denise's baby shower?

19 A Can you repeat that, please?

20 Q Do you know that -- were you -- do you remember when

21 Denise had her baby shower for Anslee?

22 A I'm sure I was there. I'm not -- at whose house was

23 it at? i think she may have had a couple.

24 Q Do you ever recall having or attending a baby shower

25 for Ms. Williams at the home on Centennial oaks?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 591

1 (Brief pause.)

2 THE WITNESS: I don't have a recollection of that,

3 specifically. Did something happen at the baby shower?

4 BY MR. WAY:

5 Q Ma'am --

6 THE COURT: He'll ask you another question,

7 Ms. Thomas.

8 THE WITNESS: Okay.

9 BY MR. WAY:

10 Q Yes, ma'am. All right. So you don't know if your

11 then husband was out seeing or out going out to clubs with

12 other women, other than your circle of friends. You

13 donTt..

14 A I had not caught him doing that either. I mean, I

15 canTt say because I donTt know. I don't want to say he wasnTt

16 because I donTt know. But I can't say that he was either.

17 Q well, Ms. Thomas, we're here in a felony trial. My

18 client's on trial. YouTve testified during direct

19 examination. You've answered the government's questions. ITm

20 trying to figure out what you know and what you're guessing

21 at.

22 THE COURT: Ask her a question, Mr. Way. I don't

23 perceive that --

24 MR. WAY: Do you know --

25 THE COURT: -- the witness has voided your

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 592

1 questions. Ask a question.

2 MR. WAY: Right.

3 BY MR. WAY:

4 Q Do you know for a fact whether or not Brian

5 winchester was cheating on you when you were married to him?

6 A No.

7 Q The virgin Suicide movie receipt, do you know for a

8 fact whether or not that has anything to do with Denise

9 williams?

10 A Brian told me that he took Denise to the movie.

11 Q Okay. Do you think that that, going to the movie,

12 has anything to do or proves in any way they were having an

13 affair?

14 A I didn't know he was going to take her to the movie

15 beforehand. And he did it without telling me. And he told me

16 later that it was her that he had taken. So I guess, no, it

17 doesn't prove anything. He just took someone else on a date

18 without me knowing. But I,I guess I can't.

19 Q And when was, when was that movie?

20 A To be honest,I would have to Google to see when it

21 came out. I don't remember. I'm sorry.

22 Q You testified earlier that you went to Panama City

23 for Denise's 30th birthday party and you struggled with it

24 because it was a difficult time. You didn't want to go.

25 A Correct.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 593

1 Q YouTve seen the photographs from the State

2 Attorney's office that have been introduced into evidence of

3 you and Ms. williams at the beach and you and Ms. Williams at

4 the club?

5 A No. I--

6 MR. WAY: May I, may I approach the witness, Your

7 Honor, with the exhibit?

8 THE COURT: You may.

9 (Pause.)

10 BY MR. WAY:

11 Q Ms. Thomas, ITm going to show you what's been

12 introduced into evidence as State's Exhibit 17. It's a

13 composite exhibit, several photographs. Please review these.

14 Please do not --

15 A Okay.

16 Q -- answer or say anything until you've had an

17 opportunity to review those.

18 (Pause.)

19 BY MR. WAY:

20 Q Ms. Thomas, are those photographs from that weekend

21 trip to Panama City in 2000?

22 A Yes, sir.

23 Q Okay. And do those pictures accurately depict you

24 in those photographs?

25 A Yes, sir.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 594

1 Q And is that you and Ms. Williams smiling and sitting

2 next to each other in a bikini?

3 A Yes, sir.

4 Q Does that depict you and Ms. Williams smiling out at

5 nightclubs?

6 A Yes, sir.

7 Q Does it depict you and Ms. Williams, essentially,

8 just having a good time as two friends?

9 A Yes, sir.

10 MR. WAY: May I approach, Your Honor?

11 THE COURT: You may.

12 BY MR. WAY:

13 Q Ms. Thomas, when you were making these controlled

14 calls as it relates to my client, Ms. Williams, you had

15 learned from the Department of Law Enforcement that Mike

16 williams' remains had been found, correct?

17 A No, sir. I didn't know that at the time of the

18 controlled calls.

19 Q You didn't -- you were not aware that in December of

20 2017 there was a press release and Florida Department of Law

21 Enforcement announced that they had found Mike williams'

22 remains and reclassified the case as a homicide.

23 A I'm sorry. Yes, sir. I did know that. I'm -- wait

24 a second.

25 (Pause.)

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 595

1 THE WITNESS: Can, can you tell me the date of when

2 the press conference was?

3 BY MR. WAY:

4 Q Ma'am, unfortunately --

5 A okay. I'm --

6 Q Let me try another question that might help. It's

7 not I'm trying to be evasive. It's not my -- I need to follow

8 the rules.

9 A I'm sorry. ITm not trying to be evasive either.

10 But I'm just trying --

11 Q Okay. Did you learn -- all right.

12 You have a son by Brian Winchester, correct?

13 A Yes.

14 Q And that means you have a connection to Marcus

15 winchester, because that is your son's grandfather.

16 A Yes, sir.

17 Q You were aware that your former husband and the

18 father of your son kidnapped Denise williams at gunpoint on

19 August 5th, 2016, correct?

20 A Yes, sir.

21 Q You know that.

22 A Yes.

23 Q And you know that from not only your own personal

24 experience, but you also spoke with Denise williams that day,

25 correct?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 596

1 A Yes, sir.

2 Q okay. And you have spoken with Denise Williams

3 constantlyor fairly continuously after August 5th of 2016,

4 correct?

5 A Yes, sir.

6 Q And these could be almost considered daily phone

7 calls ortext messages.

8 A Yes, sir.

9 Q So you would have known, in August of 2016, that

10 your formerhusband was in jail and was facing felony charges.

11 A I knew he was in jail. Yes.

12 Q And you also knew -- and I believe it's referenced

13 on yourphone call -- you also knew that Special Agent Mike

14 Devaneyhad spoken with Denise Williams at the Leon County

15 Sheriff'sOffice when she was there to talk about her

16 kidnapping. Do you recall that?

17 A I do recall that. But she did not -- she did tell

18 me thatthere was someone there but not right away.

19 Q Did you be -- did you later, in your communications

20 with Ms.williams, become aware that the FDLE agent she spoke

21 to on August5th, 2016, was Agent Mike Devaney?

22 A Yes.

23 Q And you learned about this shortly after, or did it

24 take timebefore you and her discussed, specifically, Agent

25 Devaney?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 597

1 A It took some time before we discussed him.

2 Q But t became some point in your communication that

3 you and she could identify who these people were.

4 A No. We never really had -- we just knew the one

5 Mike Devaney.

6 Q And isn't it true that she told you she did not have

7 a good relationship or positive feeling about Mr. Devaney

8 after the way she was questioned on August 5th?

9 A She said he was mean to her.

10 Q Okay. she said some other things, too, probably,

11 over the course.

12 A She might have. I, I mainly remember her saying

13 that he was mean to her.

14 Q And that's also why there's some -- so you know from

15 your previous communications with her, when you're talking

16 about Agent Devaney on that controlled call, you know there's

17 a history between those two, and you already know that

18 Ms. Williams doesn't like Agent Devaney.

19 A Correct.

20 Q There are things in that, that recording -- again,

21 the recording speaks for itself. But the name Charles Bunker

22 comes up in there and there's a whole -- confusing stuff about

23 Charles Bunker. But who was Charles -- who is Charles Bunker?

24 A He was a man that Denise had worked with. And she,

25 I guess, she dated him.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q Did she date him about the same time that, that you

2 were getting formally divorced from Mr. winchester?

3 A I -- approximately.

4 Q And their relationship was, was open and notorious.

5 People knew that they were dating. Or you knew that, you knew

6 that Denise and Charles Bunker were dating.

7 A well, I had found that out from Brian. I didn't --

8 she and I were not communicating a lot after, after I had

9 separated from Brian. Our relationship was not very close for

10 a couple years around that time. So I knew that from Brian.

11 And, you know, we werenTt talking -- we weren't -- during that

12 time we werenTt on -- talking on a daily basis, like we were

13 currently.

14 Q would it be fair to say that your relationship with

15 Ms. Williams became closer after she filed for divorce from

16 Brian winchester?

17 A Yes.

18 Q And that would put you two in the Brian Winchester

19 ex-wives club together?

20 A uh-huh. Yes.

21 Q Did, did she have many of the same -- did she talk

22 with you many of the same concerns she had trying to divorce

23 Brian Winchester as you --

24 A Yes.

25 Q -- had had?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 599

1 A Yes.

2 Q Couldn't get documents?

3 A Correct.

4 Q Brian winchester didn't want to say no. Didn't want

5 to giveup.

6 A Correct.

7 Q And, in fact, when you went through and finally got

8 your divorcefrom Mr. winchester, I believe the final hearing

9 was righthere in this courthouse, wasn't it?

10 A Correct.

11 Q And if I recall correctly, from previous testimony

12 and yourown knowledge, Mr. Winchester sat one row behind you

13 and cried.

14 A Correct.

15 Q But to be fair, Mr. Winchester never really tried

16 any reconciliationattempts with you, did he?

17 A No.

18 Q He just didn't want you to be divorced from him.

19 A Correct.

20 Q And then once you got your finalized divorce and you

21 were nolonger married to Mr. Winchester, you started a

22 relationshipwith your current husband, Mr. Thomas.

23 A Correct.

24 Q And Brian didn't like that, did he?

25 A No.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q Did he try to stop your marriage to Mr. Thomas?

2 A Hedid.

3 Q So as soon as you became engaged or romantically

4 involvedwith another man, Mr. winchester's efforts to try to

5 bring youback intensified.

6 A Yes.

7 Q It was up until the divorce he hadn't really cared,

8 had he?

9 A That is correct.

10 Q You were finally able to marry Mr. Thomas in 2004?

11 A Yes.

12 Q And thereafter, Mr. Winchester and Ms. -- or

13 Ms. Williamsand Mr. Winchester got married in 2005, correct?

14 A I think that -- uh-huh. Yes. I, I believe it was

15 around 2005.

16 Q when -- the relationship with you and Ms. Williams,

17 that tendedto get better after that marriage, because

18 Ms. Williamswas now, essentially, your son's stepmother,

19 correct?

20 A That's right.

21 Q And you had more communication now and more contact

22 with Ms.Williams --

23 A uh-huh.

24 Q -- because this was before the ex-wives club,

25 correct?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 601

1 A Correct.

2 Q Now you're just in the coparenting club.

3 A Correct.

4 Q And Denise was good to Stafford, wasn't she?

5 A Yes. uh-huh.

6 Q She looked after him?

7 A uh-huh. Yes.

8 Q And isn't it true, even after -- well, let me ask

9 you a question: As part of your divorce agreement with

10 Mr. Winchester back in 2003, was Mr. Winchester obligated to

11 provide private school tuition?

12 A Yes, sir.

13 Q And as Stafford grew older, he ended up attending

14 the Maclay school, correct?

15 A Yes.

16 Q He went to high school at Maclay.

17 A Yes.

18 Q About the time he started high school at Maclay was

19 about the same time that Ms. Williams and Mr. Winchester

20 separated, correct?

21 A Yes. That's correct.

22 Q Do you know, in your review of the circumstances

23 related to your son, whether or not Ms. williams actually paid

24 Stafford's tuition at Maclay?

25 A That is what she had told me. But I never, you

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 602

1 know, I don't -- I wasnTt on the financial part, so I can't

2 say who paid. But that is what she told me. Yes.

3 Q And Stafford's tuition ended up being paid.

4 A Yes.

5 Q And this was at a time when she wasn't even in a

6 relation -- in a ongoing relationship with Mr. winchester; she

7 was trying to get divorced from him.

8 A Yes.

9 Q Finally, when you were, when you were working with

10 the Department of Law Enforcement in February of 2018, that

11 was before you found out, conclusively, that your former

12 husband had killed Mike williams, wasn't it?

13 (Pause.)

14 THE WITNESS: May I just kind of present a time line

15 how I'm remembering it, though I can't, like, remember

16 the verbatim dates? There was the kidnapping. And

17 the -- I started working with FDLE around the time that

18 Brian was sentenced, like, after his sentencing.

19 So -- yes. That's correct. ITm sorry it took me a

20 minute. Just -- but yes. At, at the time that I

21 recorded the phone calls, I had known that Mike had been

22 found.

23 BY MR. WAY:

24 Q well, let me try to back up a little bit, because

25 I'm asking more not necessarily when Mike was found. I'm

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 603

1 askingwhen you found out that Brian was the man who in fact

2 killedMike williams.

3 A I found that out on the day that the press

4 conference happened.

5 Q And --

6 A Because when -- should I keep going? I'm sorry.

7 Q okay. All right. I'm going to try to lead it a

8 littlebit better --

9 A Okay.

10 Q -- just to help you out a little bit. There was a

11 pressconference in December 2017. Mr. Fuchs was there, along

12 with FDLE agents. Is -- do you recall that press conference?

13 A Yes, sir.

14 Q And at that press conference it was announced that

15 Mike williams'remains had been discovered. Do you remember

16 that?

17 A Yes, sir.

18 Q But they did not say at that press conference who

19 killedMike Williams, did it?

20 A No, sir. You're right. I'm sorry.

21 Q All right. After the press conference, you work

22 with FDLE in February of 2018.

23 A uh-huh.

24 Q Ma'am, I'm going to need you to answer yes or no for

25 the courtreporter, please.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER .,i

1 A Yes.

2 Q Did FDLE, during this time that you were working

3 with them, ever tell you that they knew that your former

4 husband, Brian Winchester, had actually killed Mike Williams?

5 A Yes. They told me what his testimony was, what

6 he -- they told me what he said he had done.

7 Q And they told you that before you started working on

8 recording the phone calls.

9 A Yes.

10 MR. WAY: Nothing further, Your Honor.

11 THE COURT: Redirect.

12 CROSS-EXAMINATION

13 BY MR. ROGERS:

14 Q Ms. Thomas, you would agree with me that affairs,

15 especially when you're married, are meant to be kept secret;

16 is that fair?

17 A Yes. That's fair.

18 Q And you don't know that your hus -- then husband,

19 Brian Winchester, was having an affair with Denise Williams,

20 because you never caught them red-handed?

21 A That's correct.

22 Q But you had some pretty high suspicions about it; is

23 that fair?

24 A Yes, sir.

25 Q And we talked about the recorded calls and the

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 605

1 number of recordings. Are the number of recordings that you

2 made, does that change the context of the recording that was

3 played for the jury?

4 (Pause.)

5 BY MR.ROGERS:

6 Q The, the call that was played for thejury, does

7 thatchange based on how many other recordingsthat you made

8 withMs. --

9 A No.

10 Q -- williams?

11 A That was the recording.

12 Q The day-to-day calls, where you justcalled and you

13 werejust talking to your friend about day-to-daylife, did

14 thosechange the content or the context of therecording that

15 thejury heard today?

16 A No, they don't.

17 Q whether you were working off of a scriptor not,

18 doesthat change the context or the content ofthe call that

19 thejury heard today?

20 A No.

21 MR. ROGERS: Nothing further.

22 THE COURT: Any juror have a questionof this

23 witness? All right, write your questiondown, please.

24 we will go to sidebar.

25 (Sidebar discussion held as follows):

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER S..

1 THE COURT: we have several questions. First

2 question, "Can you remember anything about December 16th,

3 2000, that stuck out to you concerning Denise and/or

4 Brian? In other words behavior, interactions, in

5 parentheses."

6 Either side have any objection to that?

7 MR. WAY: No, Your Honor.

8 (Off-the-record discussion.)

9 MR. ROGERS: Judge, I would object at this point

10 that's outside the scope of the direct examination.

11 think, also, with this witness what we would run into is

12 the possibility that we get into long narrative responses

13 and go outside of where just this question would say --

14 or what this question is asking.

15 THE COURT: You're okay with the understanding it

16 might go off on a tangent, Mr. way?

17 MR. WAY: I don't think there's any way to stop

18 that, but I think it's a question that's a relevant time

19 period that's been discussed.

20 THE COURT: Okay. I'll overrule the State's

21 objection.

22 "Have you ever physically met Angela Stafford?"

23 Either side object?

24 MR. WAY: No.

25 MR. ROGERS: No objection.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 607

1 THE COURT: "Did you ever question Denise or

2 Brian" --

3 MR. ROGERS: I'm sorry. It was the microphone.

4 THE COURT: "Did you ever question Denise's or

5 Brian's involvement in Mike's disappearance before 2016?"

6 (Off-the-record discussion.)

7 THE COURT: And I'm not sure whether this means, you

8 know, suspect or ask of them. It's a little ambiguous.

9 what do y'all think?

10 MR. WAY: I think that one's going to get really far

11 afield on responses, and I don't know that we would be

12 able to stop what happens with that one.

13 MR. ROGERS: I agree with that.

14 THE COURT: The questions kind of ambiguous. So...

15 MR. WAY: yeah.

16 THE COURT: "In your opinion, did Denise seem

17 emotionally distraught about the disappearance of her

18 husband?'T

19 MR. ROGERS: I would object to the question as it

20 calls for an opinion.

21 THE COURT: well, it's an appropriate -- it's a

22 legally acceptable opinion as to whether -- what

23 somebodyTs emotional reaction is. So that's not a proper

24 objection to it. what -- beyond that, what do you think?

25 MR. WAY: I mean, I'm not a fan. I think it's a

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER S.:

1 fair question.

2 THE COURT: Further?

3 MR. ROGERS: Nothing further, Judge.

4 THE COURT: well, I'll ask it.

5 "Do you believe Denise and Brian plotted to kill

6 Mike williams? If so, why? when did you first suspect

7 it?"

8 I assume we don't want to go there.

9 MR. FUCHS: We want to but we can't.

10 THE COURT: You want to.

11 MR. WAY: That's why we're having the trial.

12 THE COURT: That's correct.

13 "Do you still consider yourself a friend to Denise

14 williams?"

15 Either -- what's your position?

16 MR. WAY: I think that one we're probably going to

17 get another kind of long-winded explanation, and i don't

18 think itTs -- i would object. it's irrelevant.

19 MR. ROGERS: I'm fine with Mr. way's objection to

20 it,I think.

21 THE COURT: Okay. We don't -- we just won't get

22 into it. And then they ask, "If so, explain how she

23 could think that if she now believes they had an affair."

24 So I think weTve covered that. Okay.

25 MR. WAY: yeah. i think questions coming from you

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER S..

1 will probably get tighter answers.

2 THE COURT: we'll see.

3 (Sidebar discussion concludes.)

4 THE COURT REPORTER: I'm ready, Your Honor.

5 THE COURT: Ms. Thomas, we have a couple of

6 follow-up questions from the jury. The first one relates

7 back to the date that Mr. Mike Williams disappeared,

8 December 16, 2000. Do you have any recollection from

9 that time frame that stuck out to you concerning either

10 Ms. Williams or Mr. winchester's behavior or interaction?

11 Anything specific that stood out to you from that date or

12 close to that date?

13 THE WITNESS: Any, any behavior that I saw between

14 the two of them?

15 THE COURT: Or individually.

16 THE WITNESS: Or individually? I, I canTt recall

17 anymore specific action. And should I say just that day,

18 specifically?

19 THE COURT: I think that's what the juror's --

20 THE WITNESS: Okay.

21 THE COURT: -- asking about. Do you, do you

22 remember --

23 THE WITNESS: Yeah. I --

24 THE COURT: -- what happened?

25 THE WITNESS: I don't have any specific -- on that

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 610

1 day, I did not see Denise. I had a phone call from her

2 telling me -- it was aroundlunchtime. she was telling

3 me she was looking for him. And Brian -- that -- so I

4 did not see her on that day. Brian, he came late to our

5 family Christmas party. He-- in my mind, in the moments

6 on that day,I was wrappingChristmas presents and the

7 plan was that he would get backfrom hunting and we would

8 leave and go together to myfamily Christmas party in

9 Cairo, Georgia.

10 And around two o'clock,I just left with Stafford,

11 because we were supposed tobe there at 3:00. And Brian

12 showed up later. He showedup after we had opened

13 presents and everything likethat. And it was -- there

14 was -- in that moment, it justseemed as if Mike had gone

15 hunting and just hadn't comeback. I didn't see any --

16 THE COURT: So there wasn'tanything unusual about

17 Mr. winchester's behavior thatyou remember, other than

18 being late for the party?

19 THE WITNESS: Yes, sir.

20 THE COURT: Okay. Haveyou ever physically met

21 Angela Stafford?

22 THE WITNESS: I believeso. I believe that we would

23 have met at -- but -- and Iknow who she is. But she was

24 not someone who was someonethat, you know -- and back

25 then, you know, you didn't haveFacebook and things like

VERONICA G. MCCLELLAN, RPR,OFFICIAL COURT REPORTER 611

1 that where you might recognize someone, even though you

2 didn't see them a lot. i feel that i would have met

3 her -- I know that I must have met her, but we were just

4 acquaintances.

5 THE COURT: Okay. Did Ms. Williams appear

6 emotionally distraught about the disappearance of her

7 husband? And we're talking about now back in late 2000,

8 early 2001.

9 THE WITNESS: She did not seem distraught. In those

10 days after Mike was gone,I could remember saying to

11 Brian --

12 THE COURT: I think you've answered the question.

13 THE WITNESS: I --

14 THE COURT: Any follow-up, Mr. Rogers?

15 MR. ROGERS: No, Judge.

16 THE COURT: Any follow-up, Mr. Way?

17 MR. WAY: No, Your Honor.

18 THE COURT: All right. You can step down.

19 THE WITNESS: Yes, sir.

20 THE COURT: Call your next witness.

21 MR. FUCHS: Your Honor, at this time the State would

22 rest.

23 THE COURT: Okay.

24 (Witness exits.)

25 THE COURT: All right. We'll let the jury step out.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 612

1 (Jury exits.)

2 THE COURT: we will take five minutes and take up

3 motions.

4 (Brief recess.)

5 THE BAILIFF: All rise. Court is back in session.

6 THE COURT: Be seated, please, folks. padovano.

7 Everybody either be seated or step out.

8 MR. PADOVANO: Your Honor, at this time the defense

9 has four motions. They're written motions. They were

10 filed in the court files a few minutes ago. I have

11 copies for the Court and for counsel just for

12 convenience. May I approach the bench?

13 THE COURT: You may.

14 MR. PADOVANO: The first of these as -- and by the

15 way, Judge, all of these are fairly short, one or two

16 pages each. And I have -- a couple of them I have

17 attached the key cases for -- that deal with the motion.

18 The first one is a motion to compel an election

19 between the charge of principal and the charge of

20 accessory. And that motion is based on a Florida supreme

21 Court opinion, which I have attached. And there are a

22 number of cases that follow it, and I've cited them in

23 the motion.

24 But the supreme Court held in Staten v. State, which

25 is attached to the motion in which, in which is cited in

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 613

1 the motion that the charge of principal and accessory are

2 mutually exclusive. Can't get a conviction for both of

3 those in the same case. They -- rationale for that

4 decision is that the charge of accessory says that it's a

5 crime to help the principal, If you are the principal,

6 it makes no sense to say that you can also be the

7 accessory. So, in short, that's what the supreme Court

8 said in that case. And I think it bears out in this

9 because there's no question that the indictment in this

10 case charges Ms. Williams both as a principal and as an

11 accessory.

12 Count iii on accessory says she was an accessory to

13 the principal. So, in essence, she was an accessory to

14 herself, according to the State's allegations. And so

15 one of those charges has to go down, Your Honor. i mean,

16 it, it -- they canTt get a conviction for both. i think

17 the case is --

18 THE COURT: i think the important question would be

19 when that has to occur. Does this case deal with that?

20 MR. PADOVANO: I think as a matter of law, you

21 simply can't -- I mean, they're all -- all these cases --

22 I think the principal that's announced by the supreme

23 Court is the principle of law.

24 THE COURT: That is my belief that the State can

25 pursue alternative theories to the jury, and they do not

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 614

1 have to elect before a jury makes a determination. Do

2 you have some case law --

3 MR.PADOVANO: There --

4 THE COURT: -- to the contrary?

5 MR.PADOVANO: -- there is one, there is one --

6 well, there, there is one case that suggests this, that

7 this is -- it doesn't refer to the problem of grand theft

8 and dealing in stolen property, whichIknow you're

9 familiar with. But Judge Altenbernd suggested that --

10 most of these cases, the issue came up after the, the

11 convictions.

12 Judge Altenbernd suggested in one of these cases

13 that the remedy would be to instruct the jury that they

14 could only convict of one or the other but not both. And

15 soIthink that's --Imean,Ithink,Ithink if the jury

16 were to convict of both, as a matter of law, the Court

17 would have to vacate one of these.

18 THE COURT: well, that's the --

19 MR.PADOVANO: Ido --

20 THE COURT: -- typical situation when we're talking

21 about a double jeopardy --

22 MR.PADOVANO: Yes,I --

23 THE COURT: -- claim. And, typically, that decision

24 is made prior to sentencing.

25 MR.PADOVANO: Yes. And, and, and the -- and I will

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 615

1 say this, Your Honor. The case law does hold that it's

2 not a double jeopardy issue. It's a statutory issue.

3 You can't be convicted of both of those --

4 THECOURT: Isaid --

5 MR.PADOVANO: Okay.

6 THECOURT: -- as an example.

7 MR.PADOVANO: It's really almost like,Ithink,

8 dealing in stolen property and, and grand theft. Ithink

9 it's a very similar situation. So I think thatI -- I

10 think that you have to instruct the jury they can pick

11 one. But --Imean,Ido take your point that they can

12 file them both. ButIthink you have to instruct the

13 jury that they can only pick one.

14 THECOURT: Okay. Thank you.

15 State want to respond to that?

16 MR.FUCHS: Yes, Your Honor. As the Court pointed

17 out, the -- in that situation, the -- it would be a

18 situation where we send them both to the jury in

19 alternative theories of guilt, and we would have to

20 vacate one if convicted of both. Ithink that is a

21 proper procedure. As Your Honor has stated, there's no

22 real case law out there that says that it has to be done

23 at this particular time. And, in fact, the common

24 practice and what we have always done in accordance with

25 case law is that we do send them both back and vacate

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 616

1 sentences as appropriate.

2 THE COURT: ITm going to deny the motion at this

3 point without prejudice to raise prior to sentencing,

4 should convictions result as to both without any final

5 rulings. i haven't really studied this carefully, but I

6 think itTs likely that what the defense is saying is

7 accurate but,I don't think, the timing of it now. I do

8 believe the State can alternatively present theories to

9 the jury. And I don't believe a ruling is required at

10 this point in time.

11 MR. PADOVANO: The, the second motion, Your Honor,

12 is a motion for judgment of acquittal on the charge of

13 principal in the second count of the indictment. And

14 that motion is based on the same case, oddly enough,

15 Staten v State. There's another point in that same case.

16 But there's a more recent case in the First District

17 Court of Appeal,Am/lions v State. It was an opinion -- a

18 unanimous opinion by the First District. It was written

19 by Judge Brad Thomas and joined by two other judges on

20 the Court.

21 And the Court essentially concluded -- and I've -- I

22 provided a copy of that with you, thatAm/lionscase. But

23 whatAmmonssaid, and it follows the law that there must

24 be proof that the defendant committed some act to be a

25 principal. It's not enough just to agree to a -- commit

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 617

1 a crime. That's conspiracy. It's not enough to

2 encourage somebody to commit a crime. That's

3 solicitation. To be a principal, you have to commit some

4 act.

5 And I think, if the Court could use it's own

6 experience, that a lot of these cases where people are

7 charged as a principal , they drove the getaway car, they

8 provided a gun, or they did something like that. But

9 unless there is something like that, the evidence is not

10 sufficient to charge the person as a principal. Now,

11 that comes from the supreme Court and the First DCA.

12 The, the evidence in this case -- there is no

13 evidence in this case -- and I, I, I know why you thought

14 this would be quick because it is a -- it's credibility

15 of Brian winchester, whatever we're -- we think of his

16 testimony. It's there and what he says has to be taken

17 as true for the purpose of this motion and we do.

18 But my point is there's no evidence from what --

19 even from what he says, even from what he says that

20 Denise Williams committed some act. If you go back

21 through the testimony, basically what he's saying is that

22 she agreed with him that this would happen. And, and

23 that's pretty much all she did.

24 The in -- and I think you recall, when questioned on

25 cross-examination, Agent Mulvaney [sic] who had looked at

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 all of the statements, all the evidence in the case. And

2 i said, Agent Mulvaney, is there -- are you aware of

3 anything that she did -- not anything that she said. Are

4 you aware of anything that she did? And he said no overt

5 act.

6 That was his phrase. So you have a case before you,

7 Your Honor, where there's no act of any kind and -- and,

8 again, her, her statements could be the basis of some

9 other charge but not principal. Not under the First DCA

10 decision in Ammons and not under the Supreme Court's

11 decision in Staten, both of which I provided you there.

12 THE COURT: I have -- oh, okay. The other one was

13 attached to the first motion. I'm sorry.

14 MR. PADOVANO: Yeah. I'm sorry I didn't make two

15 copies of that.

16 THE COURT: No, no. You didn't need to. You didnTt

17 need to. I just misunderstood.

18 Give me a second.

19 MR. FUCHS: Yes, sir.

20 (Pause.)

21 THE COURT: Go ahead, Mr. Fuchs.

22 MR. FUCHS: Your Honor, the -- Brian Winchester's

23 testimony is part of the plan was that she was to take

24 the affirmative step of making sure that Mike Williams

25 could go on this hunting trip. That was no small feat,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 619

1 given the fact that it was on their anniversary. That is

2 an overt act by Denise williams in accordance with --

3 by -- through the testimony of Brian winchester that

4 would constitute the principal aspect of the first degree

5 murder in this particular case. And certainly given in

6 light most favorable to the State, that would be an overt

7 act in that situation.

8 THE COURT: Mr. padovano.

9 MR. PADOVANO: He said that in his deposition, but I

10 don't recall him ever saying that in this trial. He

11 basically said that they agreed that this would happen.

12 In his deposition, he said that her role in it was to get

13 permission to go hunting. But my recollection of the

14 testimony is, is he never once said that in the trial.

15 what she said to him -- first of all,I think it's

16 doubtful that that constitutes an act. Maybe you could

17 say it's a verbal act, but, I mean, my point would be how

18 far do you want to stretch it to get to the point where

19 she is a principal? y understanding of principal is

20 somebody who actually does some hard thing to help

21 somebody out, get -- buys a gun, supplies a gun, drives a

22 car away, something like that. This is -- there's

23 nothing like that in this case.

24 (Pause.)

25 MR. FUCHS: And, Your Honor, with all due respect to

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 620

1 DCA, the Supreme Court of Florida has issued the jury

2 instructions as it relates to principal . And that in

3 itself says the defendant did some, some act or said some

4 word, was intended to, which caused -- did incite, cause,

5 encourage, assist, or otherwise advise a person to

6 actually commit the crime. So --

7 MR. PADOVANO: Your Honor, if I could be permitted

8 briefly to address that.

9 THE COURT: Certainly.

10 MR. PADOVANO: Mr., Mr. Fuchs is correct about that.

11 And my, my response to that is that the jury instruction

12 which the Court is not -- the, the opinions all over the

13 place that say the jury instructions are not the law.

14 But here's, here's where the bottom line of our

15 argument is on that. He's correct about that. The jury

16 instructions says that. But the bottom line of our

17 argument is the standard jury instruction is wrong. I

18 am, also, when we get finished, get finished with this,

19 I'm going to ask you to change it, because nowhere in the

20 Florida law does it say that you can be a principal of

21 the crime just by giving somebody else the okeydoke to do

22 it. It's not the -- that's not the crime. So the jury

23 instruction is wrong. I think if it comes down to

24 following the jury instruction or following the case law,

25 I think the Court's duty on that is clear.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 621

1 (Pause.)

2 THE COURT: ITmgoing to reserve ruling on that for

3 the moment untilIhave a little better chance to read --

4 MR.PADOVANO: Yes, sir.

5 THE COURT: --these cases and --

6 MR.PADOVANO: Yes, sir.

7 THE COURT: --understand them a little more

8 carefully.

9 MR.PADOVANO: So the, the third one is the

10 defendant's motionfor judgment of acquittal on the

11 charge of accessoryafter the fact.

12 And, and let,let me say, beforeIstart that, I'm a

13 little bit unclear,even myself, what evidence the State

14 thinks is accessoryafter the fact. So I'm not sure what

15 it is they're relyingon, but the indictment on CountIII

16 has a fairly narrowtime window, fairly late in the game.

17 Ithink it's somethinglike 17 through -- some period of

18 2017 through '18 orsomething like that. And the only

19 thing thatIcan thinkof in the testimony that they were

20 relying on is her interviewwith, interview with Devaney

21 when she refused togive information.

22 And the pointof this motion is that, that

23 there's -- case lawin Florida requires for a conviction

24 for accessory afterthe fact. The case law requires an

25 overt act. And thecases have said -- in other words,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 622

1 you have to do something affirmatively to mislead the

2 police. you can't simply go in and, and -- in a police

3 interview and deny that you know anything about it.

4 In the case that I have attached to the, to the

5 motion, there's not a whole lot of law on this, but the

6 one case that I do have attached to the motion is that

7 Milan (phonetic) case, if I'm saying it right.

8 Essentially says that if all you did was interview with

9 the police and, and, and, and, and claim that you knew

10 nothing at all about the crime, that's not being an

11 accessory after the fact.

12 There are some things in this case that I think

13 might have qualified maybe thwarting the investigation,

14 you know, with Cheryl Williams. I don't know. But if

15 you look at the time frame in the indictment, there's

16 almost nothing in there except interviews that, in that

17 period of time, except interviews with law enforcement

18 officers. And there isn't anything that she did. In

19 fact, on numerous occasions, she cooperated with them,

20 turned over the noteonthe car. The incident at FSU,

21 she went straight tothepolice.

22 So if, if whattheState is relying on here -- and,

23 again, I say I'm notsurethat she refused to talk to --

24 she denied -- let'ssayshe falsely denied -- that's

25 really taking it in the light most favorable to the

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 623

1 State. Falsely denied knowing anything about it, that's

2 not enough to prove the crime. There has to be some,

3 there has to be some overt act that she did to try to

4 mislead them, and there really isn't anything.

5 THE COURT: Okay. Mr. Fuchs.

6 MR. FUCHS: Your Honor, the overt act by

7 Ms. Williams is the message that she sent to -- or via --

8 or attempted to send via Kathy Thomas. What she did is

9 she told law enforcement -- denied the involvement aspect

10 to law enforcement. But immediately thereafter, within

11 the one week, she sent a message to Brian, essentially,

12 her coconspirator, to let him know that the agreement, if

13 you take Mr. Winchester's testimony about the agreement

14 about not cooperating, and everything along those lines,

15 don't time each other out.

16 She sent an affirmative act that was towards the

17 goal of keeping them from being arrested and keeping him

18 from being arrested. She sent him a message saying, I

19 didn't tell them anything; so, therefore, you shouldn't

20 tell them anything. And, again, the entire purpose of

21 that is to keep him from confessing if he, if he -- to

22 keep him from implicating her along those lines. So that

23 is the affirmative act that was done that goes beyond

24 just denying it to law enforcement.

25 THE COURT: padovano.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 624

1 MR. PADOVANO: The, the note doesn't say, therefore

2 you don't tell them anything. I mean, he's a -- he's

3 sort of extrapolating from that note. I mean, that's not

4 evidence of -- that's not evidence of, of obstructing the

5 police.

6 THE COURT: well,I think that is an overt act.

7 Frankly,I think there are things as mentioned by the

8 defense that are more clearly that kind of activity,

9 particularly the dealings with the williams, but that's

10 not whatTs alleged. But I'm going to deny that motion.

11 But I'm not -- we're not going to argue that to the

12 jury --

13 MR. PADOVANO: No, no. No.

14 THE COURT: ITm talking to the --

15 MR. PADOVANO: oh, I'm sorry.

16 THE COURT: -- State now.

17 MR. PADOVANO: I'm sorry.

18 THE COURT: So we're not going to argue accessory

19 after the fact is based on what was the conversation with

20 the Williams, which is years before the allegations and

21 the indictment in terms of accessory after the fact. Do

22 you understand, Mr. Fuchs?

23 MR. FUCHS: No. Actually, I'm trying to figure out

24 what conversation you're talking about. Are you talking

25 about --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 625

1 THE COURT: well, when he --

2 MR. FUCHS: -- all the things --

3 THE COURT: -- when --

4 MR. FUCHS: -- that led up to that time period?

5 THE COURT: when Denise Williams allegedly goes to

6 Ms. Cheryl...

7 MR. FUCHS: oh, no, no. I donTt have --

8 THE COURT: ITm sorry. I may have the names wrong.

9 I'm sorry --

10 MR. FUCHS: That's all right. I'm not intending

11 on --

12 THE COURT: -- goes to grandmother and Mr. williams'

13 brother. We'renot going to argue that as being

14 accessory afterthe fact, although I think it could have

15 been charged that way.

16 MR. FUCHS: I am intending to use those things for

17 other purposes--

18 THE COURT: Certainly.

19 MS. FUCHS: -- but I'm not using it for the

20 accessory afterthe fact purpose.

21 THE COURT: Certainly.

22 MR. FUCHS: That's correct.

23 THE COURT: All right.

24 MR. PADOVANO: I think that's -- I agree with that,

25 Your Honor. IdonTt think that's --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 626

1 THE COURT: Okay.

2 MR. PADOVANO: I think that's fair. I mean, it's

3 relevant but it's not the basis of the accessory charge,

4 and I think that's what the Court is getting to.

5 THE COURT: Right.

6 MR. PADOVANO: And, and I think counsel understands

7 that.

8 The final motion is the motion for judgment of

9 acquittal on the charge of conspiracy. And I don't need

10 to -- I didn't put a case in here, because I don't need

11 to outline for the Court what the elements of that are.

12 But just looking at the facts,I think it's fairly

13 clear from the evidence that -- from the State's evidence

14 that she renounced the conspiracy on December 9th. By

15 Brian Winchester's own testimony, she -- he, he I think

16 he said he called Mike Williams and Mike Williams said to

17 him,i can't go hunting and then something to the effect

18 of Brian then called Denise Williams after that and said,

19 well, what gives? I thought we were, you know, going to

20 do this. And she said,I had cold feet.

21 So you have a scenario in which Denise Williams is

22 preventing him from going hunting and explaining that

23 she's changed her mind. So that, I think, amounts to a

24 renunciation of it. And I know there is a part of the

25 conspiracy argument, which you had highlighted on your,

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 627

1 your -- that -- your draft of it which talks about that.

2 we're going to ask the Court to give that.

3 But just as the beginning part of this motion, the

4 reasonIbring that up is becauseI,I,Ithink that,

5 that really the Court needs to look only what happened in

6 the intervening week. AndIwill say not much. Brian

7 winchester himself said that he had very minimal contact

8 with her that week. There's no evidence of any sort of

9 plan that occurred that week. Ijust don't --Imean,I

10 just,Ijust don't think that what happened between

11 December 9th and the December 16th can support a charge

12 of conspiracy.

13 THECOURT: Ideny that motion.

14 MR.PADOVANO: All right. Then the, the final thing

15 is the request for a modification of the jury

16 instruction.

17 THECOURT: we'll, we'll take that up

18 after you've --

19 MR.PADOVANO: If you'd like -- the only reason --

20 I'm happy to do it later, Your Honor. Ijust --Iknow

21 you're concerned about getting jury instructions early.

22 THECOURT: oh,Iappreciate that.

23 MR.PADOVANO: If you're okay with me doing it

24 later, ITm okay with it.

25 THECOURT: If you have a proposal --

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 MR.PADOVANO: I do.

2 THECOURT: -- I'd like to see it but I --

3 MR.PADOVANO: I did -- I...

4 THECOURT: -- i don't want to get into the argument

5 on it atthis point.

6 MR.PADOVANO: No, no, no. I -- no. well, I don't

7 think, Idon't think there's any need for argument. ItTs

8 basically what we argued on the motion for judgment of

9 acquittalon the principal charge.

10 THECOURT: Okay.

11 MR.PADOVANO: Okay.

12 THECOURT: Thank you.

13 MR.PADOVANO: Thank you.

14 THECOURT: All right.

15 (Off-the-record discussion.)

16 THECOURT: Defense have their first witness ready?

17 MR.PADOVANO: Can I check with Mr. Way? He stepped

18 outside for a second.

19 THECOURT: Certainly.

20 MR.PADOVANO: Yes. I'm told he's ready, Your

21 Honor.

22 THECOURT: You getting Mr. Way?

23 (Pause.)

24 THECOURT: Are we ready for a jury?

25 MR.WAY: Your Honor, this was...

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 629

1 MR. FUCHS: This is the proffered testimony.

2 THE COURT: we'll do that at lunch. we'll do that

3 on our time, nottheir time.

4 MR. WAY: I understand, Your Honor.

5 THE COURT: Get your first witness that you want to

6 call.

7 MR. WAY: The defense calls Christin Gonzalez, Your

8 Honor.

9 THE COURT: No. we're not going to take a proffer

10 now. you weren'tlistening. we'll do the proffer at

11 lunchtime.

12 MR. WAY: I,I apologize, Your Honor. I thought

13 we're going todo part of her testimony. I'll get the

14 next one.

15 (Pause.)

16 THE COURT: Are we ready for a jury now?

17 MR. WAY: Yes, Your Honor.

18 THE COURT: All right. Let's have a jury, please.

19 (Pause.)

20 MR. FUCHS: Your Honor, do we want the podium remain

21 where it is, ordo we want to move it back to where it

22 was?

23 THE COURT: IT11 get the bailiff tomove it when he

24 gets back in.

25 MR. FUCHS: Okay.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 630

1 (Jury enters.)

2 THE COURT: All right. Everybody be seated.

3 Defense may call their first witness.

4 MR. WAY: Your Honor, the defense calls Curtis

5 Hunter.

6 THE COURT: All right, If youTd face the clerk and

7 be sworn, please, sir.

8 Whereupon,

9 CURTIS HUNTER

10 was called as a witness, having been first duly sworn, was

11 examined and testfed as follows:

12 THE COURT: Have a seat. Slide up to the

13 microphone, please, sir.

14 THE WITNESS: Yes, sir.

15 DIRECT EXAMINATION

16 BY MR. WAY:

17 Q Good morning, sir.

18 A Good morning.

19 Q Could you please state and spell your name for the

20 record?

21 A Curtis Hunter, C -U -R -T -I -S, H -U -N -T -E -R.

22 Q Mr. Hunter, how are you currently employed?

23 A I'm an attorney with Becker & poliakoff in Miami.

24 Q How long have you been a licensed attorney in the

25 State of Florida?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 631

1 A Since 1992, I believe.

2 Q And what -- do you have a specific area of practice

3 or an areathat you focus on?

4 A My area of practice now is corporate, tax law,

5 offshoreasset protection planning, but also estate planning,

6 domesticand estate planning and probate.

7 THE COURT: Push that mic back away from you a

8 littlebit. You're too close to that --

9 THE WITNESS: Okay.

10 THE COURT: -- microphone. Move it away from you,

11 nottowards you.

12 THE WITNESS: That's away.

13 THE COURT: All right. Go ahead.

14 BY MR. WAY:

15 Q How were you employed in 2001?

16 A Gardner -- it was Gardner, Duggar, Bist & Wiener.

17 Q Is that a law firm, here in Tallahassee, Florida?

18 A Local Tallahassee law firm, correct.

19 Q And what did you do for the Gardner Firm?

20 A Pretty much the same thing except for the offshore

21 asset protectionplanning. I did domestic estate planning and

22 probate,and then the corporate and tax stuff, as well.

23 Q Did you happen -- during your time at Gardner in

24 2001, didyou happen to become employed as it relates to the

25 estate ofJerry Michael Williams?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 632

1 A I did.

2 Q Can you describe how you came to be involved with

3 that estate?

4 A Marcus winchester, i consider him as a friend, as

5 well, was a referral source for me. I would do seminars with

6 him, as well, through his insurance arm of his business. And

7 he contacted me one day to explain to me that his son's best

8 friend or good friend had disappeared and his -- the

9 individual who disappeared's wife had insurance policies and

10 they were wanting to get a death certificate, a presumptive

11 death certificate so she could collect the insurance proceeds.

12 Q well, after you were contacted about Marcus

13 winchester, what did you do next?

14 A I,i believe he called me. we had a fairly lengthy

15 conversation on the phone. And then I scheduled a meeting

16 after that.

17 Q Do you recall who attended the meeting?

18 A It was Brian winchester, Denise, and her father,

19 Mr. Merrell.

20 Q And do you recall the interaction you had with

21 Ms. Williams at that initial meeting with Mr. Winchester,

22 Mr. Merrell, and my client?

23 A Inter -- there wasn't much interaction from Denise.

24 She was pretty much quiet, kind of had her head down the whole

25 time.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 633

1 Q And the other gentlemen were essentially driving the

2 situation with you during that meeting?

3 A Correct. yeah.

4 Q After that meeting, what happened next?

5 A After that, we had follow-up phone calls with, I

6 think, Marcus Winchester, possibly Brian. Mr. Merrell had

7 dropped off notes. when Mike had disappeared, there was --

8 I'm sure everybody's aware of all the searches, dive teams,

9 helicopter searches, and all that. That went on for months.

10 So from after being retained to assist Denise, I started

11 collecting information to put in a petition for a presumptive

12 death certificate.

13 Q was that mostly office work between you and your

14 staff and these individuals?

15 A Correct. Primarily me.

16 Q Did you also have contact with any insurance

17 companies during this --

18 A i did.

19 Q -- time frame?

20 A I did.

21 Q Did you -- who did you have contact with, if you can

22 recall?

23 A Kansas City Life. I think one individual's name was

24 Paul Sailor. There may have been others, but I remember his

25 name. And Mar -- Marcus was an underwriter for Kansas City

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 634

1 Life.

2 Q And were the insurance companies, to the best of

3 your knowledge, were they aware of the process you were going

4 through?

5 A They were. Yes. I mean, that was the whole purpose

6 of me con -- I think Marcus had given me the name of Paul.

7 And I started out contacting him. And they were well aware,

8 when I contacted them for the first time, that what we were

9 doing.

10 Q And so there was -- this process was opened and

11 notorious to insurance companies and to at least to

12 Mr. Winchester and to Ms. williams' families to what was going

13 on?

14 A yeah. Everything was open. I had to -- in

15 preparing the petition, I had to have anybody that had an

16 adverse or a -- any kind of interest in the petition involved.

17 And, obviously, Kansas City Life, there's an insurance policy

18 on Mike's life. So they had to be involved as an interested

19 party.

20 Q And did you ultimately submit a petition to obtain

21 an order for a presumptive death certificate?

22 A I did.

23 Q Do you recall how Ms. williams got her copy of the

24 presumptive death certificate?

25 A I do not.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 635

1 MR. WAY: Nothing further, Your Honor.

2 CROSS-EXAMINATION

3 BY MR. FUCHS:

4 Q To get a presumptive death certificate, is that

5 something that's normally done?

6 A No. It's very rare.

7 Q when there's a missing person?

8 A Even more rare.

9 Q How long does it take, under normal circumstances,

10 to get a presumptive death certificate?

11 A under the statute, there's a five-year presumption

12 if somebody is missing from their last known domicile and

13 there's no satisfactory explanation of where they are. After

14 five years, the person can be presumed dead.

15 Q And in this situation, we obviously heard from --

16 Ms. Williams was there the first time with her father and

17 Brian Winchester.

18 A Correct.

19 Q Second time with Mr. Marcus Winchester and Brian,

20 possibly. Or you had conversations with them throughout.

21 A I don't -- yeah. Definitely, I had conversations.

22 I don't recall any further office visits. Denise had come in

23 to sign the presumption. And -- i mean, the petition and her

24 affidavit.

25 Q And we'll get to that in a second. So she's your

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 636

1 client.

2 A sheTs my client.

3 Q Okay.

4 A Correct.

5 Q And she actually has to come in and sign the

6 affidavit.

7 A Correct.

8 Q And she came in and signed the affidavit that

9 everythingwas very good with the marriage in doing this,

10 correct?

11 A Yes. I had her actually prepare a statement that I

12 could usein preparing her affidavit about her home life,

13 Mike's job,and everything else.

14 Q And she said that there was no marital problems at

15 that point,correct --

16 A None.

17 Q -- in that affidavit?

18 A None.

19 Q And also, in that, you said that you have to let all

20 interestedparties know, correct?

21 A Correct.

22 Q And you let Kansas City Life know.

23 A Correct.

24 Q Did you ever let Cotton States know?

25 A Didn't know anything about Cotton States.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 637

1 Q Ms. williams never informed you about the other

2 $500,000 policy from Cotton States, did she?

3 A I'm not aware of it. No.

4 Q Did she make you aware that she had filed earlier,

5 before even contacting you, that she had already applied to

6 try and get the life insurance policy from Kansas City Life?

7 A No. As far as I know, that was -- when they met

8 with me, that was their first interlude in trying to get

9 insurance policies for her.

10 MR. FUCHS: No further questions.

11 THE COURT: Redirect.

12 CROSS-EXAMINATION

13 BY MR. WAY:

14 Q But, Mr. Hunter, did you understand it that Marcus

15 winchester had handled insurance release Kansas City Life?

16 A Yes. Yes.

17 Q Did you under -- did you understand Marcus

18 winchester, also, to be a financial advisor to Ms. Williams?

19 A I had no idea.

20 Q The -- during the course of preparing the

21 certificate and the affidavit, did you obtain any information

22 to suggest that Ms. Williams and Mr. Williams had something

23 other than a happy marriage?

24 A No. No.

25 Q No one contacted you and questioned you about that

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER .:

1 particular provision of the affidavit?

2 A No. About their home life?

3 Q Yes.

4 A No.

5 Q The insurance companies ever raise any questions

6 about anything of that nature?

7 A I think they're well aware. I think -- I'm sure

8 Marcus had probably spoken to them several times and given

9 them all the background. So, no, they never questioned

10 anything.

11 MR. WAY: Nothing further, Your Honor.

12 THE COURT: Okay. Any juror have a question of this

13 witness? All right. You can step down. Do we need to

14 keep him any further?

15 MR. WAY: No, Your Honor.

16 THE COURT: You're free to go. Thank you for being

17 here.

18 THE WITNESS: Yes, sir.

19 THE COURT: Call your next witness.

20 (Witness exits.)

21 MR. WAY: Yes, sir.

22 THE COURT: Up here, please, sir. If you'd face the

23 clerk and be sworn, please, sir.

24 THE CLERK: Raise your right hand.

25 THE COURT: Have a seat.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 639

1 You may proceed.

2 MR. WAY: Thank you, Your Honor.

3 whereupon,

4 JAMES R. MARTIN, JR.

5 was called as a wttness, having been flrst duly sworn, was

6 examined and testfed as follows:

7 DIRECT EXAMINATION

8 BY MR. WAY:

9 Q Sir, could you please state and spell your name for

10 the record?

11 A James R. Martin, Jr. , J -A -M -E -S, M -A -R -T -I -N.

12 Q And, Mr. Martin, where do you live?

13 A Excuse me?

14 Q where do you live?

15 A Alligator Point.

16 Q Prior to moving to Alligator Point, did you live in

17 Tallahassee, Flori da?

18 A Yes, I did.

19 Q And where did you go to high school, sir?

20 A North Florida Christian.

21 Q And when did you graduate?

22 A 1998.

23 Q Do you know Denise Williams?

24 A Yes, I do.

25 Q How do you know Ms. williams?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 A I actually met her and Brian on the same day in the

2 ninth grade.

3 Q Did you know Mike williams?

4 A Yes, I did.

5 Q were you friends with Mike?

6 A Yes. Since kindergarten.

7 Q Do you know Brian winchester?

8 A Yes.

9 Q How do you know Mr. winchester?

10 A went to high school with him.

11 Q were you friends with Mr. winchester?

12 A In high school we were friends of the same group,

13 not necessarilytight friends. Became so later on.

14 Q And when did you and Mr. Winchester become closer

15 friends?

16 A Probably about three, four years ago.

17 Q Now, going back before you got closer in friendship

18 with Mr.Winchester, did know of -- did you know when Denise

19 ands MikeWilliams got married? Did you know they eventually

20 got marriedafter high school?

21 A Yes.

22 Q Did you have an opportunity to interact with them as

23 a marriedcouple?

24 A Interacted with Mike much more than with Mike and

25 Denise butkept up with both of them. Yes.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 641

1 Q From your observations, they have a happy marriage?

2 A i thought they had a very happy marriage.

3 Q Mike ever complain to you about anything in his

4 marriage?

5 A No. He was -- seemed absolutely thrilled. And

6 particularly when they had the birth of Anslee. I mean, he

7 was always a great individual, great father, and seemed

8 perfectly content.

9 Q Now, at some point in time, when you -- going

10 back -- forward to your time with friends with Mr. Winchester,

11 what kind of activities would you and Mr. Winchester do

12 together?

13 A Basically, we would mountain bike or fish.

14 Q Did you have an opportunity to observe

15 Mr. winchester's demeanor in 2016, for example? were you

16 fishing or mountain biking together?

17 A Yes. At that time we were mainly fishing together.

18 And each time we went out he seemed to be in good spirits and

19 enjoyed the day on the water.

20 Q Never any complaints about his pending divorce?

21 A we didn't discuss interpersonal items or really

22 politics, religion. I mean, we kept it -- it was definitely

23 escapism. we were out there. we enjoyed what we were doing

24 on the water and focused on that.

25 Q You go, you go fishing to get the small fish to turn

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 642

1 them into bigger fish later, right?

2 A Exactly.

3 Q But during the time -- for example, did you have an

4 opportunityto go fishing with Brian Winchester in July of

5 2016?

6 A I believe so. Yes.

7 Q And even though you didn't get into politics or

8 anythingelse that might be troubling to anybody, what was his

9 generaldemeanor? Did he -- was he happy? was he sad? was

10 he...

11 A Seemed to be in good spirits.

12 Q was, was his affect and presentation in July of 2016

13 the sameas you recall it from other months before going back

14 to whenyou would fish with him?

15 A Yes. Basically, yes.

16 Q Nothing to speak of, no concerns.

17 A No.

18 MR. WAY: Nothing further, Your Honor.

19 THE COURT: Cross.

20 CROSS-EXAMINATION

21 BY MR. ROGERS:

22 Q So in 2016 Brian Winchester seemed perfectly happy

23 with everythingin his personal life.

24 A Didn't discuss his personal life. Seemed perfectly

25 happy witha day on the water.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 643

1 Q It'sfair to say that people can hide what's really

2 going on in their personal life from their fishing buddies?

3 A I'dsay absolutely.

4 Q Andit would be perfectly fair to say that Mike

5 williams couldhide what's going on in his personal life from

6 his hunting buddy.

7 A Yes.

8 MR.ROGERS: Nothing further.

9 THECOURT: Anything further? Redirect?

10 MR.WAY: No, Your Honor.

11 THECOURT: Any juror have a question of this

12 witness? All right. You can step down. Do we need to

13 keep himfurther?

14 MR.WAY: No, Your Honor. He's released.

15 THEWITNESS: All right.

16 THECOURT: You're excused. Thank you for being

17 hear.

18 Callyour next witness.

19 MR.WAY: Agent Mike Phillips.

20 (Witness exits.)

21 THECOURT: If you'd face the clerk and be sworn,

22 please, sir.

23 THECLERK: Raise your right hand.

24 whereupon,

25 MIKE PHILLIPS

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER .ii

1 was called as a witness, having been first duly sworn, was

2 examinedand testfled as follows:

3 DIRECT EXAMINATION

4 BY MR.WAY:

5 Q Sir, could you state and spell your name for the

6 record?

7 A Sure. Mike Phillips, M -I -K -E, P -H -I -L -L -I -P -S.

8 Q Mr. Phillips, how are you presently employed?

9 A I'm employed as a assistant special agent charged

10 with FloridaDepartment of Law Enforcement.

11 Q How long have you been with the Florida Department

12 of LawEnforcement?

13 A Twenty-one years.

14 Q Going back to about 1997, give or take?

15 A Correct.

16 Q The -- where did you go to high school?

17 A North Florida Christian.

18 Q Prior to becoming a special agent with the Florida

19 Departmentof Law Enforcement, did you know who Mike Williams

20 was?

21 A I did.

22 Q And how did you know who Mike Williams was?

23 A He was a friend of mine from childhood.

24 Q Did you know Denise in high school? She would have

25 been DeniseMerrell. Did you know Denise?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 645

1 A yeah. I knew her.

2 Q How did you know Ms. Merrell?

3 A she was the grade behind me and was -- we had mutual

4 friends.

5 Q Did you also know Brian winchester?

6 A I knew of him. yeah.

7 Q Did you, did you recognize him around school?

8 A I did. I do.

9 Q After you graduated from North Florida Christian,

10 did you everhave any occasions to have any interactions with

11 Brian Winchesterup until, say, December of 2000?

12 A Just an occasional passing by at a restaurant or

13 somewherelike that.

14 Q And when you would have an occasional passing by at

15 a restaurantor something, would he recognize you?

16 A oh, yeah. yeah.

17 Q And would you recognize him?

18 A I would.

19 Q I'm going to draw your attention to Saturday,

20 December16th, 2000. Are you aware of that as the date that

21 Mike Williamswent missing on Lake Seminole?

22 A lamnow.

23 Q Did you see Bryan winchester at a walmart on

24 December16th, 2000?

25 A I don't, I don't recall. My memory all started the

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 next day.

2 Q But you knew who Mike -- who Brian winchester was?

3 A I --yes.

4 Q And Brian winchester would have known who you were?

5 A Yes.

6 Q But you indicated that you had a memory of things

7 starting on the next day.

8 A Right.

9 Q what happened on the next day?

10 A I, at that time, led a small group with my church of

11 young married couples, and we were at some friendsT house

12 having dinner and, you know, doing our group thing. And when

13 it came time for a prayer request, a request was asked -- and

14 I apologize for just a second -- that Mike was missing. And

15 I,I distinctively remember that, that moment.

16 Q what did you do next?

17 A Finished out. we prayed, finished the event, said

18 goodbye, and then was trying to figure out how I could learn

19 more information about it and how I could help find him.

20 Q Did you ever have an occasion to go to Lake

21 seminole?

22 A I did.

23 Q After December 17th, 2000, did you ever see Brian

24 winchester at Lake Seminole?

25 A i did.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 647

1 Q Do you recall about when that was?

2 A I think it was that, that Monday. I, I went the

3 next -- i took the day off and, and went out there to help

4 search for Mike.

5 Q Did he see you?

6 A Yes.

7 Q Did you two talk?

8 A Briefly. Yeah. Because I was trying to -- you

9 know, i was wanting to learn what I could to find what had

10 happened to Mike. And that, that early in the morning, they

11 weren't letting us on the lake. Law enforcement was still --

12 and I was there as a citizen. Law enforcement was still doing

13 their search, so we were just standing on the bank talking.

14 Q And did -- at any time during that conversation on

15 the bank at Lake Seminole, did Mr. Winchester ever indicate to

16 you, hey,I remember seeing you at Walmart on Saturday?

17 A No.

18 Q Did seeing him on the bank at Lake Seminole jog your

19 memory into remembering that you had seen him just two days

20 before?

21 A No.

22 MR. WAY: Nothing further, Your Honor.

23 THE COURT: Cross.

24 CROSS-EXAMINATION

25 BY MR. FUCHS:

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 Q Your memories start the day afterwards.

2 A Correct.

3 Q Nothing on December 16th made anything stand out, no

4 significance of that time until you found out, correct?

5 A I don't really remember that, that -- there is

6 nothing of significance from that day.

7 MR. FUCHS: No further questions.

8 THE COURT: Redirect.

9 MR. WAY: No redirect, Your Honor. The witness is

10 excused.

11 THE COURT: Okay. Any juror have a question of this

12 witness? All right. You can step down. Do you need him

13 for any reason, Mr. Fuchs?

14 MR. FUCHS: No.

15 THE COURT: All right. You're excused. Thank you

16 for being here.

17 (Witness exits.)

18 THE COURT: Call your next witness. The next

19 witness the one we need to talk to?

20 MR. WAY: Yes, it is, Your Honor.

21 THE COURT: I think you had an item of evidence you

22 were going to offer.

23 MR. WAY: I -- as to that witness, yes, Your Honor.

24 THE COURT: oh. I thought you were going to offer

25 it, regardless.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 MR. WAY: I --

2 THE COURT: It's all right.

3 we've got a witness that I'm going to need to hear

4 the testimony of and make a ruling. The timing is a

5 little awkward here. I'd hate for y'all to be sitting

6 back in the jury room while we do that. I think what

7 we'll do is just go ahead and take a lunch break now.

8 And we can be working while y'all go get some lunch.

9 Let's see. Why don't we plan to be back and ready to go

10 at 12:45. All right? y'all can step out.

11 (Jury exits.)

12 THE COURT: All right. We'll take five minutes.

13 Have your witness in then, please, Mr. Way.

14 MR. WAY: I will, Your Honor.

15 (Brief recess.)

16 THE BAILIFF: Court is back in session.

17 THE COURT: If you'd face the clerk and be sworn,

18 please, ma'am.

19 THE CLERK: Raise your right hand.

20 whereupon,

21 CHRISTIN GONZALEZ

22 was called as a witness, having been first duly sworn, was

23 examined and testfed as follows:

24 THE COURT: All right. Everybody be seated. Let

25 the record reflect this is a proffer. The jury is

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 650

1 outside the courtroom.

2 PROFFERED EXAMINATION

3 BY MR. WAY:

4 Q Ma'am, could you please state and spell your name

5 for the record.

6 A Christin Gonzalez, C -H -R -I -S -T -I -N, G -O -N -Z -A -L -E -Z.

7 Q Ms. Gonzalez how are you primary employed?

8 A I'm a marital and family law attorney at Novey and

9 Gonzalez,here in Tallahassee.

10 Q And you're a named partner in that law firm?

11 A lam.

12 Q The -- and if I understand correctly, that law firm

13 specializes in marital and family law?

14 A That's correct.

15 Q Did you have an occasion to represent Denise

16 williamsin a divorce action filed in Leon County against

17 Brian winchester?

18 A i did.

19 Q Do you recall when you became involved in that case

20 as Ms. Williams'attorney?

21 A It was early spring of 2016.

22 Q As a marital and family law lawyer, are you familiar

23 with theFlorida Rules of Family Law procedure?

24 A lam.

25 Q Do those rules require a certain amount of financial

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 651

1 documentation to be exchanged without court order?

2 A Yes, they do.

3 Q what is that called?

4 A It is called mandatory financial disclosure.

5 Q Is there also a requirement in a marital and family

6 law casethat the parties file a financial affidavit?

7 A Yes, there is. That is part of the mandatory

8 financialdisclosure.

9 Q Do you know why that is?

10 A It is so that all of the parties engaged in the

11 divorceare able to accurately disclose the identification of

12 assets,the valuation of assets, as well as liabilities and

13 income information.

14 Q Does that also help you, as an attorney, determine

15 what itemsmay be marital versus nonmarital?

16 A Yes, it does.

17 Q Does the distinction between marital versus

18 nonmaritalmake an impact in a divorce?

19 A It does.

20 Q Can you describe that, please?

21 A what is subject to equitable distribution in a

22 divorcecase are the marital assets that are accumulated from

23 the dateof the marriage up through the date that the petition

24 is filed. Any assets that are classified as nonmarital are

25 not subjectto equitable distribution.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 652

1 Q Is part of your role as the lawyer and as the

2 professional in a case to help determine what may be marital

3 and what may be nonmarital?

4 A Yes, it is.

5 Q As it relates specifically to the case involving

6 Denise williams, did you or your -- did you, as her attorney,

7 make an investigation into her facts and circumstances?

8 A Yes, I did.

9 Q Did you make a inter -- an inquiry as to the assets

10 and liabilities that she had pri -- at the time of the

11 divorce?

12 A I did.

13 Q Did you also make an inquiry into the assets and

14 liabilities that she had at the time of her marriage?

15 A Yes.

16 Q And did you also have an opportunity to make an

17 inquiry into any assets or liabilities that may have predated

18 the marriage to Brian winchester?

19 A i did.

20 Q And in the course of your representation of

21 Ms. Williams, did you cause to be prepared a family law

22 financial affidavit on behalf of the wife?

23 A i did.

24 Q was that financial affidavit prepared by your law

25 firm?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 653

1 A Itwas.

2 Q Was t preparedat your direction?

3 A Itwas.

4 Q was it preparedutilizing numbers that you felt

5 comfortable with based onyour own independent review and

6 work?

7 A Yes, it was.

8 MR. WAY: YourHonor, may I approach?

9 THE COURT: Youmay.

10 (Off-the-recorddiscussion.)

11 MR. WAY: May Iapproach the witness, Your Honor?

12 THE COURT: Youmay.

13 BY MR. WAY:

14 Q Ma'am, I'm goingto show you what is labeled as

15 Defendant's Exhibit 3 andask that you review that, please.

16 (Pause.)

17 THE WITNESS: Okay.

18 BY MR. WAY:

19 Q what is that, ma'am?

20 A This is Wife'sFamily Law Financial Affidavit that

21 is filedon April 3rd of2017.

22 Q okay. And whatwas the case number on that?

23 A The case numberis 2015DR2487.

24 Q Is that a courtfiling, here in Leon County,

25 Florida?

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 654

1 A Yes, it is.

2 Q And the document that you're looking at, does it

3 bear the certificate of The clerk of Court showing that to be

4 a certified copy?

5 A Yes, it does.

6 Q Does that document reflect a certain amount of

7 nonmarital assets of Ms. williams as of the effective date of

8 the filing?

9 A Yes, it does.

10 Q And can you briefly describe the nature of those

11 assets just what they were and approximate values.

12 A Ms. Williams, as is reflected in this financial

13 affidavit, had a vanguard financial account with approximately

14 just under $650,000. She owned a piece of real property prior

15 to the marriage on Centennial Oaks Circle. She had some

16 retirement assets through the State of Florida; a deferred

17 comp account, valued at approximately $281,000; a lot on

18 Miller Landing Road; a lot on Duck Cove Road; two Capital City

19 Bank IRA5 valued at, cumulatively, $53,000.

20 Going back to those lots, those were each valued at

21 approximately $200,000 each. She owned a Fidelity IRA, valued

22 at $40,000. And a Wells Fargo IRA, valued at just over

23 $2,000.

24 Q And based on your determination and review -- let me

25 back up.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 655

1 So, for example, as it relates to the values that

2 were assigned to the real property, is that something that

3 your office would have been involved in calculating?

4 A It is, yes.

5 Q And that's based on your experience and your

6 knowledge as a family law attorney?

7 A That's correct.

8 Q Do those assets, to the best of your understanding,

9 total up to approximately $1.4 million total?

10 A There's not a total reflected on the financial

11 affidavit, but I believe that's correct.

12 Q Additionally, there were, there were marital assets

13 subject to distribution in this case, correct --

14 A Correct.

15 Q -- Ibelieve?

16 And based on your review and valuation, what was the

17 value of the marital estate before distribution or tax effect?

18 A Before distribution or tax effect,I have reflected

19 on the financial affidavit that the parties $1,490,010 in

20 marital assets.

21 Q That financial affidavit a true, correct, accurate

22 copy as you recall it being prepared?

23 A Yes, it is.

24 Q And that you signed it?

25 A i did.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 656

1 MR. WAY: Your Honor, I move what has been

2 previously marked for identification purposes as

3 Defendant's Exhibit 3 into evidence.

4 THE COURT: Okay. State still object?

5 MR. FUCHS: Yes, sir.

6 THE COURT: I sustain the objection.

7 MR. WAY: No further questions, Your Honor.

8 I do believe that the government, we have an

9 agreement as to the admissibility of the Defendant's

10 Exhibit 2 by stipulation.

11 THE COURT: Right. And that was what I was trying

12 to do earlier. Maybe it wasn't clear what I was saying.

13 Did you want to offer something now? Are you going to

14 have her testify to that?

15 MR. WAY: Not with the stipulation from the

16 government. I donTt need that. So I have concluded my

17 examination of Ms. Gonzalez, Your Honor.

18 THE COURT: That's the entirety of the proffer?

19 MR. WAY: That is the entirety of the proffer, Your

20 Honor.

21 THE COURT: Do you wish to cross on the proffer for

22 any reason, Mr. Fuchs?

23 MR. FUCHS: No, Your Honor.

24 THE COURT: All right. You can step down.

25 State's -- or Defense Exhibit 2, I'm sorry, is

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 657

1 admitted. It's my understanding the State -- the StateTs

2 agreeing to that.

3 MR. FUCHS: Yes, sir.

4 THE COURT: Okay.

5 MR. WAY: May I approach, Your Honor?

6 (Defendant's Exhibit No.2 received in evidence.)

7 THE COURT: You may.

8 (Witness exits.)

9 MR. WAY: Your Honor, I'm going to give the clerk

10 Exhibit -- Court's Exhibit 3.

11 THE COURT: Okay.

12 MR. WAY: There's also...

13 (Off-the-record discussion.)

14 THE COURT: So are you going to have further

15 testimony, Mr. Way?

16 MR. WAY: I am not, Your Honor. We do need to make

17 an inquiry.

18 THE COURT: All right. So youTve made a

19 determination that you don't believe that Ms. Williams is

20 going to testify; is that correct?

21 MR. WAY: I have made that determination, Your

22 Honor, in consultation with Ms. Williams and with

23 cocounsel.

24 THE COURT: All right. Let's place her under oath

25 please.

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 1 whereupon,

2 DENISE WILLIAMS

3 was called as a wttness, having been flrst duly sworn, was

4 examined and testfled as follows:

5 EXAMINATION

6 THECOURT: ITm afraid -- let's get the podium in

7 the middle.

8 State your name, please, ma'am.

9 THE WITNESS: Denise Williams.

10 THECOURT: And, Ms. Williams, are you currently

11 under the influence of any alcohol, drug, or medication?

12 THE DEFENDANT: No.

13 THECOURT: Ms. Williams, Mr. way has indicated that

14 you do not desire to testify; is that correct?

15 THE DEFENDANT: Yes.

16 THECOURT: ITm not picking on you. I do this in

17 every case where a defendant decides not to testify. The

18 Courts have decided that there are certain things that

19 are the decision of a defendant. There are certain

20 strategy decisions that are decisions of the attorney.

21 One of the things the Courts have decided is up to the

22 defendant personally is whether to testify or not.

23 You have good attorneys, and you should consider

24 thei r advice. But, ul ti matel y, they' re not the ones on

25 trial. You're the one that's on trial. And only you can

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 659

1 decide whether you should testify or not. Do you

2 understandthat?

3 THEDEFENDANT: Yes.

4 THECOURT: Has anybody told you that you could not

5 testify?

6 THEDEFENDANT: No.

7 THECOURT: Has anybody pressured you into not

8 testifying?

9 THEDEFENDANT: No.

10 THECOURT: you understand, if you wish, you can?

11 THEDEFENDANT: Yes.

12 THECOURT: Itell you that you have an absolute

13 right totestify. You have an absolute right not to

14 testify. Should you decide not to testify,Iwould

15 instructthe jury that they're not to hold that against

16 you.

17 Ifyou decide to testify,Iwill tell them that they

18 should consider your testimony like any other witness.

19 Do you understandthat?

20 THEDEFENDANT: Yes.

21 THECOURT: Do you have any questions about your

22 right totestify?

23 THEDEFENDANT: No.

24 THECOURT: You understand you can testify if you

25 desire?

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER S.,

1 THEDEFENDANT: Yes, sir.

2 THECOURT: Do you wish to testify?

3 THEDEFENDANT: No.

4 THECOURT: Okay. Any further inquiry you think,

5 Mr. way?

6 MR.WAY: No, Your Honor.

7 THECOURT: All right. Thank you.

8 THEDEFENDANT: Thank you.

9 THECOURT: So, with that, y'all will be prepared to

10 rest thedefense case?

11 MR.WAY: Yes, Your Honor.

12 THECOURT: So how do y'all prefer to proceed time

13 wise?

14 MR.FUCHS: Your Honor, the State is going to

15 request that we -- throughout...

16 (Off-the-record discussion.)

17 MR.FUCHS: I don't have any rebuttal at this point.

18 TheState is going to request that we work on jury

19 instructionsthroughout the rest of the day and actually

20 ask the Court for a break for the remainder of the day

21 and start, ready to go with closing arguments tomorrow.

22 I understand that we're at the lunch hour now, and

23 we couldtheoretically get it to them this afternoon,

24 later thisafternoon. I've been dealing with a head cold

25 all week. I just -- and we, obviously, werenTt thinking

VERONICAG. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 661

1 we were going to get to closing arguments until Monday.

2 we are, obviously, way ahead of schedule. I would

3 request that we do that tomorrow.

4 THE COURT: okay. well, we need to let the defense

5 rest in front of the jury, and we need to work on jury

6 instructions.

7 Does the defense have a posture of how you prefer to

8 proceed?

9 MR. WAY: I agree with Mr. Fuchs, Your Honor, that,

10 given the timing and nature of the consideration for the

11 jury would be better to go to close tomorrow morning and

12 submit the case, hopefully, before lunch on Friday.

13 I believe that both Mr Fuchs and I and all the other

14 attorneys have done our best to move as fast as we can,

15 but sometimes we outkick the coverage. And I would

16 admit, Your Honor, that I'm not 100 percent prepared to

17 close today, but I would certainly be prepared tomorrow.

18 I also recognize that Mr. Fuchs is a little under the

19 weather, Your Honor. As a special courtesy, I would no

20 have -- no objection to him asking for a pass until

21 tomorrow morning for his close.

22 THE COURT: Yeah. And I don't have any pre --

23 preconceived -- I assumed we were going to instruct and

24 close tomorrow. we're just trying to work out a good

25 schedule of getting a jury in, getting the two minutes

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 662

1 more of what we need to do, and then getting them out of

2 here without it being real awkward. Ikind of hate that

3 we have them coming back. But, anyway, we'll do that.

4 think what we'll, we'll break until 12:45.

5 we'll have the jury in. Ithink probably be

6 appropriate to offer your exhibit in front of the jury,

7 Defense Exhibit 2 that I've admitted. And then you can

8 rest your case. ThenI'llexcuse them until tomorrow

9 morning. And we can proceed on with our discussion of

10 jury instructions.

11 Ineed to read the case law thatIreceived on the

12 request to amend the standard instructions. HopefullyI

13 get that done before 12:45. That would be our schedule,

14 if that works for everybody.

15 MR.FUCHS: Yes, sir.

16 THECOURT: Okay. So let's be prepared then to

17 discuss jury instructions. All right?

18 MR.FUCHS: Thank you, Your Honor.

19 THE BAILIFF: I've got one -- we have a transport

20 list this afternoon. That can be canceled?

21 MR.FUCHS: Yep.

22 THECOURT: All right. The State's not going to

23 have any rebuttal testimony?

24 MR.FUCHS: That is correct, Your Honor.

25 THECOURT: Okay. All right, we'll be in recess

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 663

1 until12:45.

2 (Lunch recess; continued in volume ****.)

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VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER ..i

CERTIFICATE

STATE OF FLORIDA:

COUNTY OF LEON:

I, VERONICA G. MCCLELLAN, RPR, Official Court

Reporter, do hereby certify that the foregoing proceedings were taken before me at the time and place therein designated; that my shorthand notes were thereafter translated under my supervision; and the foregoing pages are a true and correct record of the aforesaid proceedings.

I FURTHER CERTIFY that I am not a relative, employee, attorney or counsel of any of the parties, nor relative or employee of such attorney or counsel, or financially interested in the foregoing action.

DATED this 14th day of March, 2019.

VERONICA G. MCCLELLAN, RPR OFFICIAL COURT REPORTER LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301

VERONICA G. MCCLELLAN, RPR, OFFICIAL COURT REPORTER 665 Filing # 88313799 E -Filed 04/22/2019 01:25:53 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO. : 2018 -CF -001592

STATE OF FLORIDA VOLUME VI

vs. (Page 665 - 697)

DENISE WILLIAMS,

Defendant. -----/

*AM END ED*

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 13, 2018

TIME: commencing at 12:48 p.m. concluding at 1:32 p.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: LISA BABCOCK, Official Court Reporter Notary Public in and for the State of Florida at Large Leon County Courthouse, Room 341 Tallahassee, FL 32301

LISA BABCOCK, OFFICIAL COURT REPORTER 1 APPEARANCES

2 REPRESENTING THE STATE:

3 JON FUCHS, ASSISTANT STATE ATTORNEY JAMES A. ROGERS, ASSISTANT STATE ATTORNEY 4 OFFICE OF THE STATE ATTORNEY LEON COUNTY COURTHOUSE 5 TALLAHASSEE, FLORIDA 32301

6

7

8 REPRESENTING THE DEFENDANT:

9 ETHAN WAY, ESQUIRE WAY LAW FIRM, P.A. 10 1020 EAST LAFAYETTE STREET, SUITE 112 TALLAHASSEE, FLORIDA 32301-4546 11

12 PHILIP J.PADOVANO, ESQUIRE BRANNOCK & HUMPHRIES 13 131 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301-1507 14

15

16 INDEX

17 DEFENSE EXHIBITS: PAGE:

18 No. 2 667

19

20

21 Certificate of Reporter 697

22

23

24

25

LISA BABCOCK, OFFICIAL COURT REPORTER 667

1 PROCEEDINGS

2 (Proceedings continued from volume v as follows:)

3 THE COURT: Are we ready for the jury?

4 MR. FUCHS: Yes, sir.

5 THE COURT: Have the jury, please.

6 (Jury enters.)

7 THE COURT: Mr. way, you may call your next witness.

8 MR. WAY: Your Honor, the State and the defense have

9 come to a stipulation as to what has been marked for

10 identification purposes as Defendant's Exhibit 2. I

11 would like to move that into evidence, please.

12 THE COURT: Any objection from the State?

13 MR. FUCHS: No objection from the State, Your Honor.

14 THE COURT: All right. Defense Exhibit 2 will be

15 admitted.

16 Further testimony, Mr. way?

17 (Defense Exhibit No.2 received in evidence.)

18 MR. WAY: Your Honor, at this time the defense

19 rests.

20 THE COURT: All right. Does State have any

21 rebuttal?

22 MR. FUCHS: State does not have any rebuttal at this

23 time, Your Honor.

24 THE COURT: okay. That means you've heard all the

25 testimony you're going to hear. The next thing I'm going

LISA BABCOCK, OFFICIAL COURT REPORTER S.

1 to do is instruct you on the law. As you can imagine,

2 the instructions on the law are a little bit complicated

3 in this case, given the three charges that are before the

4 Court.

5 So while we were working on several other issues

6 while y'all were at lunch, we have not gotten to the jury

7 instructions yet. It's going to take us a while. And I

8 know y'all may be thinking, well, let's just move on, but

9 it's going to probably take me a couple hours to get

10 those sorted out, and I don't want y'all sitting back

11 there in the jury room while we're working on legal

12 issues.

13 So what we've decided, after discussion with the

14 attorneys, is we're better to let y'all go home for the

15 day. weTll start back first thing in the morning with

16 instructions and closing argument, and you should have

17 the case for your deliberations by lunch time tomorrow.

18 i know that it may appear we're kind of wasting an

19 afternoon, but it's not being wasted. It's just being

20 used in a little different fashion. I just don't want

21 you sitting back in the jury room while we do that. As

22 you see, we're still well ahead of the schedule that we

23 initially outlined so hopefully that works for everybody.

24 Now, we're coming down to the home stretch. Let's

25 not mess anything up by talking to somebody about the

LISA BABCOCK, OFFICIAL COURT REPORTER 1 case or reviewing media accounts. You're hearing it all

2 first hand. we don't need any slip-up at this point in

3 time.

4 So what I'm going to ask is that you be back

5 tomorrow morning at 8:45. I apologize the way it worked

6 but we had something I had to resolve before we could

7 decide whether you were going to be going home for the

8 day or not, and I've made that decision. And that's why

9 we sent you to lunch and brought you back.

10 But anyway, so tomorrow, 8:45. Anybody have

11 questions about what's expected of you? we have

12 arranged -- we've got court admin to let you out. I

13 wasn't even thinking about you were kind of a captive

14 audience in terms of your parking. we have somebody

15 ready to get you out of the building, so we'll see y'all

16 tomorrow morning.

17 (Jury exits.)

18 THE COURT: I need to step out and get my notebook I

19 left sitting on the table. Y'all just be at ease for

20 just a moment.

21 MR. FUCHS: Your Honor, can we approach real quick?

22 It doesn't need to be on the record.

23 (Discussion off the record.)

24 (A pause in the proceeding.)

25 THE COURT: All right. Defense wish to renew their

LISA BABCOCK, OFFICIAL COURT REPORTER 670

1 motions for judgment of acquittal?

2 MR. PADOVANO: Yes, sir. without further argument,

3 we renew the motions -- the three motions for judgment of

4 acquittal and also the motion to compel.

5 THE COURT: Motion for what?

6 MR. PADOVANO: To compel an election between two

7 counts.

8 THE COURT: All right. And my ruling will be the

9 same. I know we -- I have one that's reserved and we

10 need to deal with that, and we'll deal with that

11 momentarily.

12 Mr. way?

13 MR. WAY: Your Honor, and I would renew all

14 evidentiary objections made during the course of the

15 trial

16 THE COURT: Okay. My rulings will be the same.

17 while it's fresh on my mind since I spent the lunch

18 hour working on it, let's go back to your special request

19 for jury instructions, Mr. Padovano, and your related

20 judgment of acquittal motion on that. I've had a chance

21 to do my research, and a little more comfortable with

22 that at this point in time. Do you wish to be heard

23 further?

24 MR. PADOVANO: No. I think the Court understands --

25 if you have a question, I'm happy --

LISA BABCOCK, OFFICIAL COURT REPORTER 671

1 THE COURT: Mr. iay, will you get the podium for

2 him, please? I'm sorry.

3 MR. PADOVANO: No. I think if you had a question,

4 I'd be happy to try to answer it, but I believe the Court

5 understands the issue and don't believe that further

6 argument would be helpful to the Court.

7 THE COURT: Okay. All right. So as I understand

8 it, the defense has requested that the jury instructions

9 be modified to delete from the standard jury instruction

10 the words "or said some word," is my understanding of the

11 request. Correct, Mr. Padovano?

12 MR. PADOVANO: well,I think there may also be

13 something -- I'm sorry, Your Honor.

14 I think there may also be something in there about

15 encouraging or -- what I did with the one that I prepared

16 was to simply delete that whole phrase and just put in

17 that the defendant did some act. I just substituted the

18 whole phrase for "did some act."

19 THE COURT: Okay. So -- I can see now. I didn't

20 realize you'd modified it. But the basic distinction is

21 argument between "word" or "act" is the essence of it.

22 Is the -- is the State objecting to the modification

23 of the jury instruction?

24 MR. FUCHS: We are, Your Honor. I would cite to

25 case law. It is Morris v. State, 789 So. 2d 1032. it is

LISA BABCOCK, OFFICIAL COURT REPORTER 672

1 also a First District Court of Appeal case out of 2001,

2 actually authored by Brad Thomas, I believe. Ironically

3 enough, Mr. Padovano was actually dissenting back then as

4 well.

5 But what it says in there is, 'TStatutory reference

6 to a prohibited act is commonly understood as

7 encompassing conduct or behavior which involves only

8 verbal statements or speech.'T So what it clearly adopts

9 there and the First DCA in 2001 clearly adopted speech as

10 being a part of a verbal act that would constitute for

11 the purposes of principal. Therefore --

12 In fact, when you read the statute, the statute

13 talks about verbal comments as well. It doesn't actually

14 say the word "verbal." I forgot the actual language it

15 actually uses, but it is something that indicates that it

16 encompasses some sort of communicational aspect between

17 the parties involved and, therefore, it is allowed by

18 statute.

19 And the State would propose -- would assert that a

20 verbal act -- conversations, words themselves, are, in

21 fact, a verbal act that can constitute for a principal

22 and ask for the standard jury instruction.

23 THE COURT: Okay. Mr. Padovano?

24 MR. PADOVANO: If I might have a moment, Your Honor?

25 THE COURT: Sure.

LISA BABCOCK, OFFICIAL COURT REPORTER 673

1 Give me that cite again, Mr. Fuchs.

2 MR. FUCHS: I gave it to Mr. Padovano, Your Honor.

3 THE COURT: Oh, I'm sorry.

4 MR. PADOVANO: I think this case was in the context

5 of the -- of a lewd and lascivious -- I'm sorry, in the

6 context of committing a lewd and lascivious act with a

7 child. And in that context, the Court said that that can

8 occur, you can commit that kind of an act with a child

9 with just words. But generally speaking, I think an act

10 is not the same thing as a word. It's a different thing.

11 And I hate to present an argument that is so simple, but

12 I think it is simple as that.

13 And I don't think that Judge Brad Thomas would have

14 written that opinion that says you need to commit an act

15 and actually reverse a conviction for a principal because

16 there was no evidence of an act if he did not mean that

17 you have to have an act.

18 THE COURT: Thank you, sir.

19 MR. FUCHS: And, Your Honor, the statute -- the stat

20 is Morris v. State, 789 So. 2d 1032.

21 THE COURT: All right. The defense has relied on

22 Staten and Ammons, and I've had opportunity over the

23 lunch break to read those and see whether they've been

24 cited previously. Certainly Staten has been cited many

25 times but not for the proposition presented by the

LISA BABCOCK, OFFICIAL COURT REPORTER 674

1 defense. Ammons is a relatively new case so never cited.

2 But the proposition that words alone are

3 insufficient to sustain a conviction as a principal is

4 the basic tenant asserted by the defense. Both cases do

5 state that a conviction as a principal requires that the

6 aider and abettor, quote, do some act, end quote, towards

7 the commission of the crime. Therefore, I understand the

8 defense argument. That language is there.

9 However, the issue raised here of the distinction

10 between word and act was not the legal issue in either of

11 those cases. The issue in those cases was a level of

12 participation, not the form of participation, therefore,

13 the language cited is dicta. I can find no case that

14 says the standard jury instruction on principals is wrong

15 or incorrect even though it's been used, I'm sure,

16 thousands of times.

17 The Florida Supreme Court has frequently stated

18 standard jury instructions are presumed to be correct and

19 are preferred over special instructions. I understand

20 they also always issue a caveat that the instruction is

21 not a ruling on the law, but they are presumed to be

22 correct. And I can find no cases that have found this

23 particular instruction to be wrong, therefore, I'm going

24 to deny the request and give the standard jury

25 instruction.

LISA BABCOCK, OFFICIAL COURT REPORTER 675

1 I'm also going to deny defendant's motion for

2 judgment of acquittal on the charge of first degree

3 murder that I previously reserved, which raises the same

4 issue. I think there's sufficient evidence for it to go

5 to the jury as to whether Ms. Williams' actions were

6 sufficient to be a principal in the case. So I wanted to

7 get that issue out of the way.

8 Anything else on that particular issue?

9 MR. FUCHS: Not from the State, Your Honor.

10 MR. PADOVANO: And not from the defense. I don't

11 know if I'm required procedurally to renew after this

12 ruling, but if I am,I renew it.

13 THE COURT: I'll let you object after they're

14 delivered. I think that would --

15 MR. PADOVANO: Well,I was -- I was actually

16 referring to the judgment of acquittal argument.

17 THE COURT: Certainly. My ruling will be the same.

18 All right. Are y'all ready to discuss the rest of

19 the jury instructions?

20 MR. FUCHS: Yes, Your Honor.

21 THE COURT: And y'all can remain seated during this

22 process. Let's just go through them from the start.

23 As to the statement of charge on Count I, conspiracy

24 for first degree murder, let's take up just the first

25 page and the top part of the second page, which would be

LISA BABCOCK, OFFICIAL COURT REPORTER 676

1 the basic instruction on law. Anybody have an objection

2 or found some error or even found some typographical

3 error that needs to be corrected?

4 MR. FUCHS: I have not, Your Honor.

5 MR. WAY: No, Your Honor.

6 THE COURT: What lessers is the defense seeking?

7 MR. WAY: We are not seeking any additional lessers,

8 Your Honor.

9 THE COURT: Do you not want any lessers?

10 MR. WAY: I do not want any lessers.

11 THE COURT: Mr. Fuchs?

12 MR. FUCHS: Give me one moment, Your Honor.

13 State is not requesting any lessers, Your Honor.

14 THE COURT: It's not?

15 MR. FUCHS: It's not.

16 THE COURT: All right. So we'll strike the

17 paragraph that says, "When there are lesser included

18 crimes," and the language about second degree murder,

19 manslaughter being defined. We're all in agreement?

20 MR. WAY: Yes, Your Honor.

21 THE COURT: Mr. Fuchs?

22 MR. FUCHS: I agree.

23 THE COURT: All right. Now, I think Mr. Padovano

24 has already indicated he is requesting the renunciation

25 instruction. I just highlighted that because it's in

LISA BABCOCK, OFFICIAL COURT REPORTER 677

1 the -- not always given in all cases. That's why I

2 highlighted it.

3 was that my understanding, Mr. Padovano? Or who's

4 responding on that?

5 MR. PADOVANO: Yes, sir, we request that part.

6 THE COURT: Okay. You don't have to stand up for

7 this.

8 what's the State's position?

9 MR. FUCHS: The aspect that's highlighted? Is that

10 what we're talking about?

11 THE COURT: Right.

12 MR. FUCHS: Yes,I agree.

13 THE COURT: You do not object?

14 MR. FUCHS: I do not object to it being there.

15 THE COURT: All right. So I'll remove the

16 highlighting. Anybody found any errors in there?

17 think it's just the standard instruction to the extent it

18 was --

19 MR. FUCHS: Your Honor, I apologize. I would

20 object. The renunciation -- they are appearing to argue

21 renunciation. And that second paragraph, renunciation --

22 where it says "Renunciation is not complete and voluntary

23 when a crime -- completed by unanticipated" -- I'm sorry,

24 Madam Reporter -- "unanticipated difficulties, unexpected

25 resistence, or a decision to postpone the crime," I think

LISA BABCOCK, OFFICIAL COURT REPORTER 1 is definitely applicable in this situation.

2 THE COURT: All right. I'll overrule the State's

3 objection. I'll give the instruction.

4 Have you found any errors or mistakes in it?

5 MR. FUCHS: No.

6 THE COURT: All right. That'll take us to Count II,

7 first degree murder. Introduction to homicide,

8 justifiable homicide, excusable homicide. Let's take it

9 through there, which would be halfway through page 4.

10 Anybody found any errors or have any objections?

11 MR. FUCHS: No, sir.

12 MR. WAY: No, Your Honor.

13 THE COURT: The instruction on first degree murder

14 starts the middle of page 4, goes over to page 5.

15 Anybody found any errors or have any objection?

16 MR. FUCHS: No, sir.

17 MR. WAY: No, Your Honor.

18 THE COURT: Second degree murder. I think it's just

19 the standard instruction, but anybody found any errors or

20 have any objection -- well, I guess we -- I guess I need

21 to go back.

22 Is -- are the lessers being requested on this, on

23 the Count II, Mr. way?

24 MR. WAY: we're not requesting the lessers, Your

25 Honor.

LISA BABCOCK, OFFICIAL COURT REPORTER 679

1 THE COURT: what's the State's position?

2 MR. FUCHS: State agrees, Your Honor.

3 THE COURT: So you want to strike -- so we're just

4 going to go with first degree murder on the Count II.

5 That's everybody's understanding?

6 MR. FUCHS: Yes, sir.

7 MR. WAY: Yes, Your Honor.

8 THE COURT: So on page four 4 where it says "For any

9 lesser included crime," I will strike that. And then I

10 will strike second degree murder, manslaughter.

11 At some point in time, Mr. Way, I think I want to

12 hear from your client that she's in agreement with this

13 strategy. we can do that -- if you want to talk to her

14 first, I don't know.

15 MR. WAY: Sure, Your Honor.

16 THE COURT: On page 6 and 7, we've already talked

17 about principals. I've overruled the defense request to

18 modify it, but is there further argument on the principal

19 instruction?

20 MR. WAY: No, Your Honor.

21 MR. FUCHS: No, Your Honor.

22 THE COURT: Okay. Is the defense -- sometimes we

23 have -- seem to pair with that an independent act

24 instruction. Is the defense seeking that?

25 MR. WAY: One moment, Your Honor.

LISA BABCOCK, OFFICIAL COURT REPORTER 1 THE COURT: Certainly.

2 MR. WAY: Yes, Your Honor. We'd be requesting the

3 independent act instruction, pursuant to 3.16(1) [sic].

4 THE COURT: State want to be heard on that?

5 MR. FUCHS: No, Your Honor.

6 THE COURT: Okay. So I'll add that -- add that to

7 it. I think it's a standard instruction. I don't think

8 there's anything unusual about it. But anyway, we'll

9 give you a chance to see it before we finalize that.

10 MR. WAY: Yes, sir.

11 THE COURT: Count iii, accessory after the fact,

12 first degree murder. Anybody found any errors or have

13 any objection as to the instruction on page 7 as to

14 accessory after the fact?

15 MR. WAY: No, Your Honor.

16 MR. FUCHS: No, sir.

17 THE COURT: What's the defense position on lessers

18 on this?

19 MR. WAY: We're not requesting any lessers, Your

20 Honor.

21 THE COURT: State?

22 MR. FUCHS: Not requesting. We concur.

23 THE COURT: Okay. Plea of not guilty, reasonable

24 doubt is standard instruction on page 8 and 9. Anybody

25 have objection to that?

LISA BABCOCK, OFFICIAL COURT REPORTER 1 MR. WAY: No.

2 MR. FUCHS: No.

3 MR. WAY: No, Your Honor.

4 THE COURT: weighing the evidence. One through five

5 are given in all cases. Six through ten are optional

6 I'll hear first from the defense as to which you want of

7 six through ten.

8 MR. WAY: Six, Your Honor, eight, nine.

9 THE COURT: Were you done? I'm sorry.

10 MR. WAY: Oh, I'm sorry. I apologize, Your Honor.

11 No, those were the -- just the --

12 THE COURT: Okay. State?

13 MR. FUCHS: Your Honor, I don't believe that there

14 was any impeachment with prior statements that were

15 given, so State would object to the inconsistent

16 statement aspect.

17 THE COURT: That's up to the jury to decide so I'll

18 leave that to them. So we'll strike seven and ten, and

19 renumber the others.

20 All right. we just work through this by paragraph

21 from there. Next paragraph is given in all cases as the

22 State's burden of proof. The next is the instruction on

23 law enforcement witnesses.

24 Does the defense want the instruction on law

25 enforcement witnesses?

LISA BABCOCK, OFFICIAL COURT REPORTER 1 MR. WAY: Yes, Your Honor.

2 THE COURT: Expert witness -- the State want to be

3 heard on that?

4 MR. FUCHS: No, sir. I was coughing, I apologize.

5 THE COURT: Expert witnesses, is that requested?

6 MR. WAY: No, Your Honor.

7 THE COURT: State?

8 MR. FUCHS: I say leave it. We had an expert

9 witness here. we had Dr. Flannagan.

10 THE COURT: Any legal reason not to give it,

11 Mr. Way?

12 MR. WAY: No. No, Your Honor. That's fine as to

13 Dr. Flannagan.

14 THE COURT: All right. The next paragraph is the

15 cooperating witness or accomplice paragraph. I assume

16 the State -- the defense is seeking that?

17 MR. WAY: Absolutely, Your Honor.

18 THE COURT: The instruction gives three options in

19 the disjunctive. I've put them all in there in the

20 conjunctive. I think they're all arguably applicable but

21 need to look at that. So that would be the -- what I'm

22 referring to would be the second full sentence.

23 For example, a witness who claims to have helped the

24 defendant commit a crime, is one option, who has been

25 promised immunity from prosecution or who hopes is -- or

LISA BABCOCK, OFFICIAL COURT REPORTER 1 who hopes to gain more favorable treatment -- I'm sorry,

2 who has been promised immunity from prosecution is a

3 second option, or who hopes to gain more favorable

4 treatment in his or her own case is the third option.

5 The way the jury instructions are set up,I thought

6 all three were arguably applicable so I just put all

7 three in there, but that is a slight deviation from the

8 way the standard is set up.

9 MR. WAY: There would be no objection from the

10 defense to the proposed modification to the standard

11 instruction. We would accept it.

12 THE COURT: Mr. Fuchs?

13 MR. FUCHS: No objection, Your Honor.

14 THE COURT: Okay. we did not have a child witness

15 so -- as I recall so I would strike the next paragraph.

16 We in agreement?

17 MR. FUCHS: Yes, sir.

18 MR. WAY: Yes, Your Honor.

19 THE COURT: Okay. The defendant did not become a

20 witness so I'll strike the next option.

21 I like to give the next paragraph. You never knoti

22 when a juror has seen you talking to a witness so --

23 although it's an optional one,I always give it. And

24 then the last one is given in all cases. Any issues on

25 any of that?

LISA BABCOCK, OFFICIAL COURT REPORTER 1 MR. FUCHS: No, sir.

2 MR. WAY: No, Your Honor.

3 THE COURT: Defendant not testifying, is the defense

4 seeking that instruction?

5 MR. WAY: We are, Your Honor.

6 THE COURT: Both paragraphs?

7 MR. WAY: Both paragraphs, Your Honor.

8 THE COURT: Okay. I don't believe there was any

9 custodial interrogation of the defendant, so it would be

10 my intention to strike the next -- defendant's

11 statements. But you can be heard if you disagree,

12 Mr. Way.

13 MR. WAY: I do not disagree, Your Honor.

14 MR. FUCHS: The only potential issue is the fact

15 that whenever Mr. Devaney talked to her at the kidnapping

16 aspect of it, the only time that -- I mean, the State

17 does intend to argue, of course, that she didn't tell law

18 enforcement about Brian's involvement. In fact, she made

19 affirmative statements to Mr. Devaney that he was not

20 involved and things along those lines, so I just want to

21 make sure that's clear. I don't have a problem with --

22 THE COURT: That doesn't have anything to do with

23 this paragraph.

24 MR. FUCHS: I agree but --

25 THE COURT: This is not --

LISA BABCOCK, OFFICIAL COURT REPORTER 1 MR. PADOVANO: If I could be heard for a second, I'm

2 not sure how it's not a comment on her failure to

3 testify. I mean, he's going to put -- he's going to --

4 THE COURT: Let's table that. Let's get through the

5 instructions and -- because I wasn't clearly following

6 what he said. Let's -- remind me to come back to that.

7 Let's get through the instructions.

8 Rules for deliberation, just the standard

9 instruction. Anybody have an issue with that or found an

10 error?

11 MR. WAY: No, Your Honor.

12 THE COURT: I think there were a couple of questions

13 we did not answer so paragraph 7 would be appropriate.

14 Sometimes I take that out, but there were a couple of

15 juror questions that we did not ask.

16 Cautionary instruction is a standard instruction.

17 Single defendant, multiple counts, only thing I've done,

18 I've changed the order because I like to do the verdict

19 last before we break for the closing argument. But it's

20 just the standard instruction. And the verdict

21 instruction, standard instruction. Anybody have an issue

22 with that?

23 MR. FUCHS: No, sir.

24 MR. WAY: No, Your Honor.

25 THE COURT: The submitting case to the jury, there

LISA BABCOCK, OFFICIAL COURT REPORTER 1 are some different options, and I've changed the wording

2 just slightly. I don't think it's anything very

3 significant, but there are some slight deviations from

4 the standard on submitting case to the jury about how we

5 deal with cell phones.

6 And i did add in a -- something that I think has

7 been proposed now but wasn't -- I don't think is in the

8 standards as of yet, is about if you've voted, do not

9 disclose the actual vote in the note if they have a

10 question. I don't think any of that's very

11 controversial, but does anybody have an issue with any of

12 that?

13 MR. FUCHS: No, sir.

14 MR. WAY: No, Your Honor.

15 THE COURT: All right. Any additional instructions

16 either side is seeking?

17 MR. FUCHS: No, sir.

18 MR. WAY: Not that has previously been argued and

19 ruled on.

20 THE COURT: Okay. All right. So on the verdict,

21 we'll need to take out all the lessers. Other than that,

22 anybody found a problem with the verdict form?

23 MR. FUCHS: No, sir.

24 MR. WAY: Your Honor, in light of the fact that the

25 State of Florida bears the burden of proof and the

LISA BABCOCK, OFFICIAL COURT REPORTER 1 defendant is presumed guilty under the state and federal

2 constitution -- presumed innocent, I would respectfully

3 request the D be moved to A on all three verdict forms.

4 THE COURT: I deny that request.

5 Okay. Anything else on jury instructions?

6 MR. FUCHS: No, sir.

7 THE COURT: All right. Y'all raised an issue, and

8 I'm sorry, I didn't quite follow what the issue was.

9 what were you -- come up, if you would, to the podium,

10 Mr. Fuchs.

11 MR. FUCHS: Your Honor, on the day of the

12 kidnapping, Ms. Williams was there at Leon County

13 Sheriff's Department talking to law enforcement. Mike --

14 or Mr -- Agent Devaney came in and talked to her and

15 questioned her about Brian's involvement in the missing

16 Mike Williams at that point.

17 And she said,I do not believe he's involved. In

18 fact,I would have never married him -- the things that

19 she said to Mr. Devaney, again, that was there at the

20 Leon County Sheriff's Department. That's why I was

21 bringing up the issues of -- and of course that's part of

22 the aspect that -- I mean, those actions will be brought

23 up during the course of the closing arguments.

24 THE COURT: All right. Well, that's not custodial

25 interrogation, which is what I was talking about.

LISA BABCOCK, OFFICIAL COURT REPORTER S..

1 And you were raising some issue as to that,

2 Mr. Padovano?

3 MR. PADOVANO: Yes, sir. But actually, in all

4 candor, Your Honor, I was thinking of something else.

5 think that statement is not a comment on silence, and I

6 think that he can talk about that. But I don't believe

7 that the instruction is necessary because it's not an

8 incriminating statement.

9 But what i was just -- just to clear it up, what I

10 was referring to is during the course of the trial, there

11 was an incident -- another incident where the State

12 elicited testimony about how another law enforcement

13 officer tried to question Denise Williams but that she

14 refused to talk to him. And I forgot the name of that

15 law enforcement -- and that's what I was thinking of.

16 THE COURT: Are we talking about during the FSU --

17 MR. PADOVANO: It was somewhere -- it was somewhere

18 in there. And, I'm sorry, I don't remember the person's

19 name, but I just think we need to stay away from that.

20 mean, that's a comment on silence, you know.

21 THE COURT: Frankly, it was kind of confusing. But

22 there was something in -- that was elicited after the

23 attempted bump of -- and that was the term y'all used --

24 the attempted bump of Ms. Williams that Investigator

25 Mickler said that she didn't contact him, that he asked

LISA BABCOCK, OFFICIAL COURT REPORTER 1 to sit down with her and she never responded. Is that

2 what you're referring to?

3 MR. PADOVANO: I think so, yes, sir.

4 MR. WAY: Yes, Your Honor.

5 THE COURT: Mr. Fuchs?

6 MR. FUCHS: Your Honor, the fact that she refused to

7 talk to law enforcement goes directly -- let me rephrase

8 it. I don't mean refused to talk to law enforcement in

9 violation of her constitutional right to not talk to law

10 enforcement.

11 what I'm referring to with that is that she was

12 reaching out in constant communication with the Florida

13 State university Police Department, as testified by

14 Sergeant wooten, about the bump aspect and the things

15 that surrounded that. When she was then informed that it

16 was handed off to Florida Department of Law Enforcement

17 for that investigation, of which she would have been a

18 victim, at that point she stopped responding to Florida

19 Department of Law Enforcement contact as a victim, not as

20 in an interrogational aspect.

21 And I think that goes directly towards the aspect of

22 the statement that she made to Kathy Thomas where she

23 said, Please tell him I didn't tell them anything. And

24 it just goes to show ongoing actions of her in order to

25 not communicate with Florida Department of Law

LISA BABCOCK, OFFICIAL COURT REPORTER 1 Enforcement because of the fact they were involved in the

2 investigation of Mike williams.

3 THE COURT: I think that the way it came in, it was

4 legally admissible, but I think it could easily lead to

5 an improper comment. And, frankly, it's not very -- the

6 way it came across was not very significant, frankly. I

7 mean, she was -- the allegation was she screamed and ran

8 away from law enforcement, and then they wanted to talk

9 to her about it. I mean, frankly, it was very confusing.

10 what do you wish me to direct, Mr. Padovano?

11 MR. PADOVANO: Not to -- that counsel for the State

12 not state or imply that Ms. Williams declined or refused

13 to talk to the law enforcement officer. It's a comment

14 on her silence.

15 THE COURT: well, it's a little bit confused because

16 it relates to an alleged crime she is asserting. I mean,

17 she's asking to investigate the parking lot incident.

18 But, frankly, Mr. Fuchs,I think it has the

19 potential to cause a comment on the right to remain

20 silent, so I'm going to ask that you stay out of that

21 particular statement by Mickler about that he asked her

22 to talk to him and she refused to -- or she didn't

23 refuse. She just never responded, is what I noted the

24 testimony was. I think that is going to be perilously

25 close to a comment on the right to remain silent, and I

LISA BABCOCK, OFFICIAL COURT REPORTER 691

1 think you just need to stay out of it.

2 MR. FUCHS: Yes, sir. I don't have a problem with

3 that. The only issue I have then is I would ask the

4 Court to also put a limitation on the defense then for

5 making the argument that she was all about cooperating

6 with law enforcement during the course of that aspect,

7 because that goes --

8 THE COURT: Rebuttal is a different time. And if

9 you think they've opened the door to some comment on it

10 by their argument, just bring it to my attention --

11 MR. FUCHS: Yes, sir.

12 THE COURT: -- and I'll deal with it then.

13 MR. FUCHS: Yes, sir.

14 THE COURT: I think trying to deal with

15 hypotheticals before they happen is very difficult so --

16 I'm not as good at the mental gymnastics at doing that.

17 But anyway, so if you think they've raised -- opened

18 the door to that, then just bring it to my attention.

19 MR. FUCHS: Yes, sir. Thank you.

20 THE COURT: I think the defense should be on fair

21 warning that broaching that may result in some comment

22 from the State in rebuttal.

23 MR. WAY: Acknowledged, Your Honor.

24 THE COURT: Okay. All right. What else?

25 MR. FUCHS: That's all the State has, Your Honor.

LISA BABCOCK, OFFICIAL COURT REPORTER 692

1 MR. WAY: Your Honor, may I have a few moments with

2 my client, and then we'll address your earlier concern?

3 THE COURT: Right.

4 (A pause in the proceeding.)

5 THE COURT: Are we ready?

6 MR. WAY: Yes, Your Honor.

7 THE COURT: All right. So you've discussed with

8 Ms. Williams your request not to give any lesser included

9 offenses?

10 MR. WAY: I have, Your Honor.

11 THE COURT: And it's your belief she agrees with

12 that strategy decision?

13 MR. WAY: Yes, Your Honor. Ms. Williams has

14 discussed the matter with myself, with Mr. Padovano,

15 Mr. Buchanan, and agrees with our decision to

16 respectfully exclude lesser includeds as to all three

17 counts in the indictment.

18 THE COURT: Is that correct, Ms. Williams?

19 THE DEFENDANT: Yes.

20 THE COURT: You feel like you have an understanding

21 of what's being discussed?

22 THE DEFENDANT: Yes.

23 THE COURT: You've had adequate time to talk about

24 it?

25 THE DEFENDANT: Yes.

LISA BABCOCK, OFFICIAL COURT REPORTER 693

1 THE COURT: This is a strategy decision. It's not

2 one of those special things that I said that courts have

3 held defendants have the absolute decision on, but it is

4 a relatively radical decision that's not made in many

5 cases. Do you understand it's a little bit out of the

6 ordi nary?

7 THE DEFENDANT: Yes.

8 THE COURT: I guess, for want of a better word, it's

9 a little bit of a gamble. If convicted as charged on

10 first degree murder and probably, to some extent, the

11 other charges, my hands are going to be tied to a large

12 extent on sentencing. Do you understand that?

13 THE DEFENDANT: Yes.

14 THE COURT: For instance -- and I haven't studied

15 Count I and Count III, but I know on Count II if you're

16 convicted as charged, it will be a life sentence. That's

17 the only legal sentence I can impose. It probably has

18 significant ramifications on Count I and III, but as I

19 say,I hadn't really figured that out in great detail at

20 this point in time. Do you understand that's the result

21 of it?

22 THE DEFENDANT: Yes.

23 THE COURT: Do you have any questions about what's

24 going on in terms of waiving the lesser included

25 offenses?

LISA BABCOCK, OFFICIAL COURT REPORTER 1 THE DEFENDANT: No.

2 THE COURT: You know you are legally entitled to

3 those lesser includeds if you want them to be given?

4 That is, they're legally provided for at your request.

5 Do you understand that?

6 THE DEFENDANT: Yes.

7 THE COURT: And you're specifically waiving

8 that? That means, you know, next year, next month, two

9 years from now, you're not going to be able to come back

10 and say, you know, those should have been given. You're

11 waiving that legal argument.

12 THE DEFENDANT: Right. Correct.

13 THE COURT: Do you understand that?

14 THE DEFENDANT: Yes.

15 THE COURT: You need any more time to talk to

16 Mr. Way or Mr. Padovano about this?

17 THE DEFENDANT: No.

18 THE COURT: That is your request?

19 THE DEFENDANT: Yes.

20 THE COURT: That you waive the lesser included

21 offenses?

22 THE DEFENDANT: Yes.

23 THE COURT: Okay. Anything further you think we

24 should make a record, Mr. Way?

25 MR. WAY: No, Your Honor.

LISA BABCOCK, OFFICIAL COURT REPORTER 695

1 THE COURT: Okay. Anything from the State?

2 MR. FUCHS: No, Your Honor.

3 THE COURT: Okay. Y'all can have a seat. Thank

4 you.

5 All right. I will go get the instructions

6 finalized. If -- I guess if -- I can't imagine anybody

7 is going to find anything major since we've gone over it,

8 but if it was some major problem, I guess I'd like to be

9 alerted today. Other than that, we'll just be here at

10 8:30. if you find some simple typo that everybody agrees

11 on just needs to be fixed, you can just e-mail my

12 judicial assistant. what I'd like to do is be able to go

13 ahead and make copies this evening and be ready to start.

14 But anyway, you want me to e-mail the instructions

15 to you? Is that your request?

16 MR. WAY: Yes, Your Honor.

17 MR. FUCHS: Please.

18 THE COURT: All right. So I'll e-mail those to you.

19 I don't desire to hear legal argument. As I say, if

20 there's something that everybody agrees, we just have a

21 typo, let my judicial assistant know that. We'll fix

22 that.

23 Other than that, we'll see you all in the morning at

24 8:30. All right?

25 MR. FUCHS: Thank you, Your Honor.

LISA BABCOCK, OFFICIAL COURT REPORTER 1 THE COURT: We'll be in recess.

2 (Proceedings adjourned at 1:32 p.m.)

3 (Continued to 12/14/2018, volumeVII.)

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LISA BABCOCK, OFFICIALCOURT REPORTER 697

1 CERTIFICATE

2 STATE OF FLORIDA:

3 COUNTY OF LEON:

4 I, LISA A. BABCOCK, official Court Reporter, do

5 hereby certify that the foregoing proceedings were taken

6 before me at the time and place therein designated; that my

7 shorthand notes were thereafter translated under my

8 supervision; and the foregoing pages are a true and correct

9 record of the aforesaid proceedings.

10 I FURTHER CERTIFY that I am not a relative,

11 employee, attorney or counsel of any of the parties, nor

12 relative or employee of such attorney or counsel, or

13 financially interested in the foregoing action.

14

15 DATED this 17th day of April 2019.

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20 LISA A. BABCOCK OFFICIAL COURT REPORTER 21 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 22

23

24

25 Filing # 88316139 E -Filed 04/22/2019 01:47:52 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

CASE NO.: 2018CF1592

STATE OF FLORIDA

vs.

DENISE WILLIAMS,

Defendant. ______/ *AMENDED*

Volume VII Page 698-798

PROCEEDINGS: JURY TRIAL

BEFORE: THE HONORABLE JAMES C. HANKINSON

DATE: December 14, 2018

TIME: Commencing at 8:32 a.m. Concluding at 7:42 p.m.

LOCATION: Leon County Courthouse Tallahassee, Florida

REPORTED BY: Johana M. Kesterson, Official Reporter Notary Public in and for the State of Florida at Large

JOHANA M. KESTERSON Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 S.. 1 APPEARANCES

2 REPRESENTING THE STATE: 3 JON FUCHS, ASSISTANT STATE ATTORNEY 4 JAMES ROGERS, ASSISTANT STATE ATTORNEY OFFICE OF THE STATE ATTORNEY 5 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 6

7 REPRESENTING THE DEFENDANT:

8 ETHAN WAY, ESQUIRE WAY LAW FIRM 9 P.O. BOX 10017 TALLAHASSEE, FLORIDA 32302 10 PHILIP J. PADOVANO 11 BRANNOCK & HUMPHRIES 131 N. GADSDEN STREET 12 TALLAHASSEE, FL. 32301

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25 700 1 PROCEEDINGS

2 THE COURT: All right. we're here in State of

3 Florida versus Denise williams, 2018-1592. Let the

4 record reflect Ms. williams is present with her

5 attorneys.

6 I sent in what I hope is the final version of the

7 jury instructions for y'all to look at. Mr. Padavano had

8 pointed out a couple of things. So let me just tell you

9 what's changed from what we had before.

10 On page 2 and on the renunciation defense, I decided

11 the wording -- I mean, he had pointed out it was

12 grammatically in question. I thought -- I decided the

13 wording of it was just unnecessarily wordy. So I just

14 put murder instead of unlawful killing of a human being.

15 I think I worded it that way to start with because

16 there were potential lesser includeds and I didn't want

17 to be too specific. But those have been done away with.

18 So I think that language is more to the point and

19 clearer.

20 There was also, in the first paragraph of the

21 renunciation, on the -- it had voluntary renunciation of

22 his criminal purpose. It should be "her" criminal

23 purpose and I've made that change. Everybody with me on

24 that change?

25 MR. FUCHS: Yes, sir. 701 1 MR.WAY: Yes, Your Honor.

2 THECOURT: There were a couple of others that were

3 just typographical fixes. And then the only other

4 substantiative change was in verdict. It has referred to

5 lesser includeds. of course, we don't have any lesser

6 includeds, so -- that's on page 10. Those are the only

7 substantive changes.

8 Anybody found anything else or have any issues to

9 rai se?

10 MR.FUCHS: No, sir.

11 MR.WAY: No, Your Honor.

12 THECOURT: So,asIrecall, and correct me if I'm

13 wrong, the only substantive objection is by the defense

14 as to the principal definition. And the State is

15 objecting to the renunciation language. That's my

16 recollection of the only objections that have been --

17 MR.FUCHS: And, Your Honor,Ithink the objection

18 by the State was becauseImisunderstood what you were

19 saying. Iactually do not have an objection to --

20 THECOURT: Okay.

21 MR.FUCHS: The language that's in here,Ihave no

22 problem with.

23 THECOURT: Okay.

24 MR.PADAVANO: And the remaining part, that's

25 correct, Your Honor. 702 1 THE COURT: Okay.

2 MR. PADAVANO: Your recitation is correct.

3 THE COURT: All right. So any other issues this

4 morning before we proceed to instructions?

5 MR. FUCHS: None from the State, Your Honor.

6 MR. WAY: No, Your Honor.

7 THE COURT: And, I guess, y'all assume -- I guess I

8 shouldn't assume that you know, but I'll instruct on

9 the -- I'll instruct first and then have the closings,

10 except for the final provision after that.

11 MR. FUCHS: Your Honor, I do apologize. I do have

12 one ore tenus motion in limine regarding closing

13 arguments. And I don't believe Mr. way will do this

14 because he knows it's not proper, but there should not be

15 any mention of the sentences or potential sentences for

16 Ms. Williams during the course of the closing arguments.

17 That would be my motion.

18 THE COURT: Mr. Way.

19 MR. WAY: I've done this long enough to know not to

20 step on that third rail, Your Honor.

21 THE COURT: All right. Thank you.

22 All right. We don't have all the jurors. I didn't

23 tell them to be here until 8:45. So if we figure we'll

24 start as soon after 8:45 as we have all the jurors

25 present. 703 1 MR. FUCHS: Yes, sir.

2 THE COURT: You have something, Mr. way?

3 MR. WAY: Your Honor, are there going to be any time

4 limitations on summation?

5 THE COURT: well,I mean, I think good attorneys put

6 time limitations on themselves. I'm not going to --I

7 don't think either one of y'all are going to ruin your

8 case by talking forever, so --

9 Anyhow. All right.

10 MR. WAY: Yes, sir.

11 THE COURT: Anything else?

12 MR. FUCHS: No, sir.

13 We're in recess, correct, Your Honor?

14 THE COURT: Yes.

15 (A recess was had.)

16 MR. PADAVANO: Your Honor.

17 THE COURT: Do we need to go back on the record?

18 MR. PADAVANO: I think so, Your Honor.

19 On the first paragraph it -- did you mean to say

20 renunciation of his criminal purpose on the first

21 paragraph of --

22 THE COURT: Right. I changed that. That's one

23 thing I said. I know your copy doesn't have that.

24 MR. PADAVANO: Okay. I didn't realize this was not

25 the final. 704 1 THE COURT: I have changed that.

2 MR. PADAVANO: Thank you.

3 (A recess was had.)

4 THE COURT: All right. Let's have the jury, please.

5 (Jury enters.)

6 THE COURT: All right. Everybody be seated, please.

7 Thank you for being back here this rainy morning.

8 understand Mr. Adams is keeping y'all with a sugar high

9 with some donuts. Is that what I understand?

10 So, anyway. Next thing I'm going to do is instruct

11 you on the law. You will be allowed to keep these jury

12 instructions with you, so you don't necessarily need to

13 take any notes, unless we find a typo or something. But

14 i would ask that you read along with me as I go through

15 them.

16 All right. So everybody has a copy. He did that

17 pretty adeptly. I was trying to follow.

18 All right. As I say, I'd ask that you read along

19 with me as I go through them so that I can be certain

20 that everyone's been through them in their entirety on at

21 least one occasion.

22 Members of the jury,I thank you for your attention

23 during this trial. Please pay attention to the

24 instructions I am about to give you.

25 Denise williams, the defendant in this case, has 705 1 been accused of the crimes of conspiracy to commit

2 first -degree murder, first -degree murder and accessory

3 after the fact of first -degree murder.

4 Count 1, conspiracy to commit first -degree murder.

5 To prove that crime the State must prove the following

6 two elements beyond a reasonable doubt:

7 1. The intent of Denise Williams was that the

8 offense of first -degree murder would be committed.

9 2. In order to carry out the intent Denise Williams

10 agreed, conspired, combined and confederated with

11 another person, Brian Winchester, to cause first -degree

12 murder to be committed either by them or one of them or

13 by some other person.

14 It is not necessary that the agreement, conspiracy,

15 combination or confederation to commit first -degree

16 murder be expressed in any particular words or that words

17 pass between the conspirators.

18 it is not necessary that the defendant do any act in

19 furtherance of the offense conspired.

20 First -degree murder will be fully defined for you

21 below under Count 2. And I'm not going to repeat it

22 twi ce.

23 It is a defense to the charge of criminal conspiracy

24 that Denise Williams, after conspiring with one or more

25 persons to commit a murder, persuaded Brian Winchester 706 1 not to do so or otherwise prevented commission of the

2 murder under circumstances indicating the complete and

3 voluntary renunciation of her criminal purpose.

4 Renunciation is not complete and voluntary where the

5 crime that was conspired to was not completed because of

6 unanticipated difficulties, unexpected resistance, a

7 decision to postpone the crime to another time or

8 circumstances known by the defendant that increase the

9 probability of being apprehended.

10 If you find that the defendant proved by a

11 preponderance of the evidence that she persuaded Brian

12 Winchester not to commit the murder, or otherwise

13 prevented the commission of the murder under

14 circumstances indicating a complete and voluntary

15 renunciation of her criminal purpose, you should find her

16 not guilty of conspiracy to commit first -degree murder.

17 If the defendant failed to prove by a preponderance

18 of the evidence that she persuaded Brian Winchester not

19 to commit murder, or that she did not otherwise prevent

20 commission of the murder under circumstances indicating a

21 complete and voluntary renunciation of her criminal

22 purpose, you should find her guilty of conspiracy to

23 commit murder in the first degree, if all the elements of

24 the charge have been proven beyond a reasonable doubt.

25 Count 2. In this case Denise Williams is accused in 707 1 Count 2 of first-degree murder. Akilling that is

2 excusable or wascommitted by theuse of justifiable

3 deadly force is lawful

4 If you find Jerry Michael Williams was killed by

5 Denise Williams,you willthen considerthecircumstances

6 surrounding thekilling indeciding ifthekilling was

7 first -degree murder or whether the killing was excusable

8 or resulted from justifiable use of deadly force.

9 The killing of a human being is justifiable homicide

10 and lawful if necessarily done while resisting an attempt

11 to murder or commit a felony upon the defendant; or to

12 commit a felony in any dwelling house in which the

13 defendant was at the time of the killing.

14 Thekillingof a humanbeingis excusable,and

15 thereforelawful,under anyone ofthe followingthree

16 circumstances:

17 When the killing is committed by accident and

18 misfortune in doing any lawful act by lawful means with

19 usual ordinary caution andwithout anyunlawful intent;

20 or when the killing occursby accidentand misfortune in

21 the heat of passion upon any sudden and sufficient

22 provocation; or when the killing is committed by accident

23 and misfortune resulting from a sudden combat, if a

24 dangerous weapon is not used and the killing is not done

25 in a cruel or unusual manner. 708 1 "Dangerous weapon" is any weapon that, taking into

2 account the manner in which it is used, is likely to

3 produce death or great bodily harm.

4 i now instruct you on the circumstances that must be

5 proved before Denise williams may be found guilty of

6 murder in the fi rst degree.

7 To prove the crime of first -degree premeditated

8 murder the State must prove the following three elements

9 beyond a reasonable doubt:

10 1. Jerry Michael Williams is dead.

11 2. The death was caused by the criminal act of

12 Denise Williams.

13 3. There was a premeditated killing of Jerry

14 Michael williams.

15 An 'Tact" includes a series of related actions

16 arising from and performed pursuant to a single design or

17 purpose.

18 "Killing with premeditation" is killing after

19 consciously deciding to do so. The decision must be

20 present in the mind at the time of the killing.

21 The law does not fix the exact period of time that

22 must pass between the formation of the premeditated

23 intent to kill and the killing. The period of time must

24 be long enough to allow reflection by the defendant. The

25 premeditated intent to kill must be formed before the 709 1 killing.

2 The question of premeditation is a question of fact

3 to be determined by you from the evidence. It will be

4 sufficient proof of premeditation if the circumstances of

5 the killing and the conduct of the accused convince you

6 beyond a reasonable doubt of the existence of

7 premeditation at the time of the killing.

8 If the defendant helped another person or persons

9 commit the crime of first -degree murder, the defendant is

10 a principal and must be treated as if she had done all

11 the things the other person or persons did if:

12 1. The defendant had a conscious intent that the

13 criminal act be done.

14 2. The defendant did some act or said some word

15 which was intended to and which did incite, cause,

16 encourage, assist or advise the other person or persons

17 to actually commit the crime.

18 To be a principal the defendant does not have to be

19 present when the crime is committed.

20 If you find that the crime alleged was committed, an

21 issue in this case is whether the crime of murder in the

22 first degree was an independent act of a person other

23 than the defendant.

24 An 'Tindependent act" occurs when a person other than

25 the defendant commits or attempts to commit a crime which 710 1 the defendant did not intend to occur, and in which the

2 defendant did not participate; and which was outside of

3 and not a reasonably foreseeable consequence of the

4 common design or unlawful act contemplated by the

5 defendant.

6 If you find the defendant was not present when the

7 crime of murder in the first degree occurred, that, in

8 and of itself, does not establish that the murder in the

9 first degree was an independent act of another.

10 If you find that the murder in the first degree was

11 an independent act of Brian winchester, then you should

12 find Denise Williams not guilty of the crime of murder in

13 the first degree.

14 Count 3. TO prove the crime of accessory after the

15 fact in Count 3 the State must prove the following four

16 elements beyond a reasonable doubt:

17 1. A first -degree murder was committed by Brian

18 Winchester.

19 2. After the first -degree murder was committed

20 Denise Williams maintained, assisted, aided or attempted

21 to aid Brian Winchester.

22 3. At that time, Denise Williams knew that Brian

23 Winchester had committed the first -degree murder.

24 4. Denise Williams did so with the intent that Brian

25 Winchester avoid or escape detection, arrest, trial or 711 1 puni shment.

2 it is not necessary for the State to prove that

3 Denise williams' assistance was successful in allowing

4 Brian winchester to avoid or escape detection, arrest,

5 trial or punishment, nor is it necessary for the State to

6 prove that Brian Winchester was convicted.

7 The intent with which an act is done is an operation

8 of the mind and, therefore, is not always capable of

9 direct and positive proof. It may be established by

10 circumstantial evidence like any other fact in a case.

11 First -degree murder has been fully defined above

12 under Count 2.

13 The defendant has entered a plea of not guilty.

14 That means you must presume or believe the defendant is

15 innocent. The presumption stays with defendant as to

16 each material allegation in the indictment, through each

17 stage of the trial unless it has been overcome by the

18 evidence to the exclusion of and beyond a reasonable

19 doubt.

20 To overcome the defendant's presumption of innocence

21 the State has the burden of proving the crime with which

22 the defendant is charged was committed. And the

23 defendant is the person who committed the crime.

24 The defendant is not required to present evidence or

25 prove anything. 712 1 whenever the words reasonable doubt are used you

2 must consider the following: A reasonable doubt is not a

3 mere possible doubt, a speculative, imaginary or forced

4 doubt. Such a doubt must not influence you to return a

5 verdict of not guilty if you have an abiding conviction

6 of guilt.

7 On the other hand, if after carefully considering,

8 comparing and weighing all the evidence there is not an

9 abiding conviction of guilt, or if having a conviction it

10 is one which is not stable but one which wavers and

11 vacillates, then the charge is not proved beyond every

12 reasonable doubt and you must find the defendant not

13 guilty because the doubt is reasonable.

14 It is to evidence introduced in this trial and to it

15 alone that you are to look for that proof. A reasonable

16 doubt as to the guilt of the defendant may arise from the

17 evidence, conflict in the evidence, or the lack of

18 evidence. if you have a reasonable doubt, you should

19 find the defendant not guilty. If you have no reasonable

20 doubt, you should find the defendant guilty.

21 It is up to you to decide what evidence is reliable.

22 You should use your common sense in deciding which is the

23 best evidence and which evidence should not be relied

24 upon in considering your verdict. You may find some of

25 the evidence not reliable or less reliable than other 713 1 evidence.

2 You should consider how the witnesses acted, as well

3 as what they said. Some things you should consider are:

4 Did the witness seem to have an opportunity to see

5 and know the things about which the witness testified?

6 Did the witness seem to have an accurate memory?

7 was the witness honest and straightforward in

8 answering the attorneys' questions?

9 Did the witness have some interest in how the case

10 should be decided?

11 Does the witness's testimony agree with the other

12 testimony and the other evidence in the case?

13 Has the witness been offered or received any money,

14 preferred treatment or other benefit in order to get the

15 witness to testify?

16 Did the witness at some other time make a statement

17 that is inconsistent with the testimony he or she gave in

18 court?

19 Has the witness been convicted of a felony or

20 misdemeanor involving dishonesty or false statement?

21 whether the State has met its burden of proof does

22 not depend upon the number of witnesses it has called or

23 upon the number of exhibits it has offered, but instead

24 upon the nature and quality of the evidence presented.

25 The fact that a witness is employed in law 714 1 enforcement does not mean that his or her testimony

2 deserves more or less consideration than that of any

3 other witness.

4 Expert witnesses are like other witnesses with one

5 exception. The law permits an expert witness to give his

6 or her opinion. However, an expertTs opinion is reliable

7 only when given on a subject about which you believe her

8 to be an expert. Like other witnesses, you may believe

9 or disbelieve all or any part of an expert's testimony.

10 You must consider the testimony of some witnesses

11 with more caution than others. For example, a witness

12 who claims to have helped the defendant commit a crime,

13 who has been promised immunity from prosecution or who

14 hopes to gain more favorable treatment in his or her own

15 case may have a reason to make a false statement in order

16 to strike a good bargain with the State.

17 This is particularly true when there is no other

18 evidence tending to agree with what the witness says

19 about the defendant. So while a witness of that kind may

20 be entirely truthful when testifying, you should consider

21 his or her testimony with more caution than the testimony

22 of other witnesses.

23 However, if the testimony of such a witness

24 convinces you beyond a reasonable doubt of the

25 defendant's guilt or the other evidence in the case does 715 1 so, then you should find the defendant guilty.

2 It is entirely proper for a lawyer to talk to a

3 witness about what testimony the witness would give if

4 called to the courtroom. The witness should not be

5 discredited by talking to a lawyer about his or her

6 testimony.

7 You may rely upon your own conclusion about the

8 credibility of any witness. A juror may believe or

9 disbelieve all or any part of the evidence or the

10 testimony of any witness.

11 The Constitution requires the State to prove its

12 accusations against the defendant. It is not necessary

13 for the defendant to disprove anything, nor is the

14 defendant required to prove her innocence. It is up to

15 the State to prove the defendant's guilt by evidence.

16 The defendant exercised a fundamental right by

17 choosing not to be a witness in this case. You must not

18 view this as an admission of guilt or be influenced in

19 any way by her decision. No juror should ever be

20 concerned that the defendant did or did not take the

21 witness stand to give testimony in the case.

22 These are some general rules that apply to your

23 discussion. You must follow these rules in order to

24 return a lawful verdict:

25 You must follow the law as it is set out in these 716 1 instructions. If you fail to follow the law, your

2 verdict will be a miscarriage of justice. There is no

3 reason for failing to follow the law in this case. All

4 of us are depending upon you to make a wise and legal

5 decision in this matter.

6 This case must be decided only upon the evidence

7 that you have heard from the testimony of the witnesses

8 and have seen in the form of the exhibits in evidence and

9 these instructions.

10 This case must not be decided for or against anyone

11 because you feel sorry for anyone or are angry at anyone.

12 Remember, the lawyers are not on trial. Your

13 feelings about them should not influence your decision in

14 this case.

15 Your duty is to determine if the defendant has been

16 proven guilty or not in accord with the law. It's my job

17 to determine a proper sentence if the defendant is found

18 guilty.

19 whatever verdict you render must be unanimous. That

20 is, each juror must agree to the same verdict.

21 The jury is not to discuss any question that a juror

22 wrote that was not asked by the Court and must not hold

23 that against either party.

24 Your verdict should not be influenced by feelings of

25 prejudice, bias or sympathy. Your verdict must be based 717 1 on the evidence and on the law contained in these

2 instructions.

3 Deciding a verdict is exclusively your job. I can

4 not participate in that decision in any way. Please

5 disregard anything I may have said or done that made you

6 think I preferred one verdict over another.

7 A separate crime is charged in each count of the

8 indictment. And although they have been tried together,

9 each crime and the evidence applicable to it must be

10 considered separately and a separate verdict returned as

11 to each. A finding of guilty or not guilty as to one

12 crime must not affect your verdict as to the other crimes

13 charged.

14 you may find the defendant guilty as charged in the

15 indictment or not guilty.

16 The verdict must be unanimous, that is, all of you

17 must agree to the same verdict. only one verdict may be

18 returned as to each crime charged. The verdict must be

19 in writing, and for convenience the necessary verdict

20 form has been prepared for you.

21 All right. Let's look at the verdict form with me,

22 please. I think it's pretty self-explanatory. But you

23 have three counts. First you have as to Count 1, you

24 would choose either the defendant is guilty of conspiracy

25 to commit first -degree murder or not guilty. You would 718 1 check the one option you unanimously agree upon.

2 Same as to Count 2, either guilty of first -degree

3 murder or not guilty. Again, you would check the option

4 you unanimously agree upon.

5 Same as to Count 3, either guilty of accessory after

6 the fact of first -degree murder or not guilty.

7 So, when you get through you should have three check

8 marks on your verdict form. It will be dated and signed

9 be the foreperson. The foreperson will bring the verdict

10 form back to the courtroom with them after you've

11 completed your deliberations.

12 Sometimes I get a question from the jury whether

13 everybody has to sign the verdict form. No, just the

14 foreperson signs on behalf of the jury. I'll go over the

15 concluding remarks after the attorneys have made their

16 closing arguments.

17 The attorneys now will present their final

18 arguments. Please remember that what the attorneys say

19 is not evidence or your instructions on the law.

20 However, do listen closely to their arguments, they are

21 intended to aid you in understanding the case.

22 Each side will have equal time. But the State is

23 entitled to divide this time between an opening argument

24 and a rebuttal argument after the defendant has spoken.

25 Mr. Fuchs. 719 1 MR. FUCHS: Thank you, Your Honor.

2 Good morning again.

3 THE PANEL: Good morning.

4 MR. FUCHS: I'd like to thank you once again. I

5 know i previously thanked you for being potential jurors,

6 and the fact that you are, in fact, jurors. And now I'd

7 like to take the opportunity to thank you again for doing

8 exactly what it is that we knew you would do.

9 You were selected because myself and other counsel

10 felt that you were the best that there was in order to

11 sit there and listen throughout the course of this trial,

12 and pay attention to everything going on in the

13 courtroom. I know I pay attention. I know the Judge

14 pays attention. I know they do.

15 And you've done exactly as it is that we thought you

16 would do, and you paid attention throughout all the

17 testimony, as well as everything else going on in the

18 course of this trial. And thank you very much. Once

19 again, we literally cannot do this without you. You are

20 a vital part of the criminal justice system.

21 That being said. Closing arguments. As the Judge

22 says,I get to talk to you twice. I talk to you the

23 first time. And then Mr. way will come up and speak with

24 you -- or Mr. Padovano -- and I will come back and get to

25 address you one last time. 720 1 The way I like to structure this a little bit, just

2 to give you a little bit of guideline, is I want to go

3 over the elements of the crime in the jury instructions

4 as the Judge just read to you. Okay.

5 So let's start off with what we know. we know that

6 on December 16, 2000, Jerry Michael Williams, Mike

7 Williams, was murdered. It was initially classified as a

8 missing person case. It was a shoddy homicide

9 investigation because it was not a homicide

10 investigation.

11 But we know now that man murdered him. Brian

12 Winchester. We know that everybody involved here are

13 long-time friends; Brian, Denise, Cathy Thomas, Mike.

14 All long-time friends. Went to North Florida Christian

15 School together. Went to Florida High -- I mean, went to

16 Florida State university together.

17 This started out as a homicide -- a missing person

18 case. Ended up being a homicide investigation. Brian

19 Winchester killed Mike Williams. Brian Winchester was in

20 love with Denise Williams for a long time. We know that

21 Brian and Denise actually got married on December 3rd of

22 2015, thirteen days from the anniversary, the fifth

23 anniversary, of the murder.

24 we know at the time that he died that Mike Williams

25 had multiple life insurance policies $250,000, $500,000 721 1 and $1,000,000. All of which Denise williams was the

2 sole beneficiary of. we know that final one, that

3 $1 million policy, was drafted by Brian winchester the

4 summer before he murdered Mike williams. That's what we

5 know. That's what we knew coming in here.

6 The question you have is, how does she fit into the

7 picture? How does she fit into the murder, the

8 conspiracy for murder and helping him after the murder?

9 As I said,I go through the elements. I'm going to

10 start off on the back side because I think it puts

11 everything in a little bit more perspective.

12 Accessory after the fact. The elements, the Judge

13 has read to you that a murder was committed by Brian

14 winchester. NO question. After the murder was

15 committed, Denise Williams maintained, assisted, aided or

16 attempt to aid him. And at the time she knew he had done

17 it. And she did so with the intent for him to avoid

18 arrest, trial or punishment.

19 Remember Dr. Mnookin. very brief witness, but a

20 very important one. Because one of the things the

21 defense has alluded to during opening statements is that

22 this -- and, of course, they're probably going to here

23 shortly -- was that this was all something that Brian

24 winchester did and came up with to get revenge on Denise

25 for turning him in. Dr. Mnookin says otherwise. 722 1 Brian winchester goes and talks to Dr. Mnookin prior

2 to the arrest. And what does he tell him? He says, I'm

3 worried that Denise is going to go to law enforcement and

4 that she's going to tell them about a murder that

5 happened and what she knows from many years ago. The

6 murder of Mike Williams. Prior to the arrest.

7 Elements of accessory after the fact. After the

8 arrest, within the week, within the week of Denise going

9 and talking to law enforcement and being interviewed by

10 Florida Department of Law Enforcement and talked to about

11 the murder of Mike williams, she calls her good friend

12 Cathy Thomas and says, Tell Marcus to tell Brian I didn't

13 say anything. Marcus, if you don't remember, is Brian's

14 dad.

15 Cathy Thomas came. She testified to you and told

16 you that's what happened. But you don't have to take her

17 word for it.

18 (Audio playing.)

19 MS. THOMAS: well, I mean, I know that you know

20 something, Denise. Because whenever I was going out to

21 see Marcus you're like, tell Marcus to tell Brian I'm not

22 talking.

23 MS. WILLIAMS: Yeah.

24 MS. THOMAS: And I knew what that meant.

25 (Audio stopped.) 723 1 MR. FUCHS: So we know that she has knowledge of the

2 homicide because Brian has told Dr. Mnookin already. And

3 now she's sending a message to Brian to say -- let him

4 know that she didn't say anything.

5 And you go back and you think about Brian

6 winchester's testimony. And they had a pact, an

7 agreement, that nobody would say anything to another

8 person. Nobody would say anything to law enforcement.

9 And that's what she was saying. She was continuing that

10 pact, and letting him know that she didn't say anything

11 to law enforcement on that day. And she takes it one

12 step further and she makes sure that she knows -- he

13 knows this. So that way he doesn't then turn around and

14 confess and dime her out, in accord with the agreement

15 they had.

16 That right there, ladies and gentlemen, meets all

17 the elements of accessory after the fact. Knew the

18 murder was committed; aided, maintained, assisted,

19 abetted, attempt to aid him, knew he had done it. And

20 was the intent to avoid arrest, trial or punishment?

21 Accessory after the fact, all the elements have been

22 proven by the State.

23 So let's turn to the elements of conspiracy. Now,

24 the reason I went with the accessory after the fact first

25 is because of that statement. Because of the statements 724 1 of Dr. Mnookin. Because now, with the conspiracy, a lot

2 of this you're going to have to rely upon Brian

3 winchester's testimony. No question about it. But when

4 you're relying on Brian winchester's testimony, take it

5 in light of the fact of what you heard from Dr. Mnookin,

6 from Cathy Thomas. And as the jury instruction tells

7 you, does the testimony -- one of the things you have to

8 do when weighing the evidence is figure out whether the

9 testimony of a witness, no matter who it is, does it

10 comport with the other evidence and other testimony from

11 other witnesses?

12 So when you have Cathy Thomas, Dr. Mnookin telling

13 you what they told you, it changes things a little bit

14 when you're paying attention to Brian's testimony. It

15 puts it in more context.

16 when you go back and you listen and you think about

17 the elements of conspiracy. Denise Williams intended

18 that Mike Williams be killed. In order to do so she

19 agreed with or conspired with Brian Winchester to kill

20 Mike williams. it is a defense if she decided not to

21 carry out the homicide by persuading and not stopping it.

22 But it is not complete and voluntary when a crime wasn't

23 committed because of an unanticipated difficulty or

24 decision to postpone the crime to another time.

25 As I said, this all relies upon Brian Winchester's 725 1 testimony. And you have to do that evaluation we just

2 talked about.

3 So let's talk about Brian winchester's testimony.

4 Brian winchester tells you this affair actually started

5 three years prior, in 1997, at a concert in Floyd's off

6 Tennessee Street. Been going on for three years. Well,

7 let's take a look at how the other elements and other

8 testimony, how that stacks up.

9 Lindsey Lockhart, a different concert, but another

10 concert at Floyd's Music Hall. She's there with her

11 friends. And, actually, Brian -- I mean, Mike's there as

12 well. And she sees Brian Winchester and Denise acting in

13 a manner that is not just friendly. It's above friendly.

14 AS if they were dating. Arms around each other, Brian

15 standing behind her. Three years prior to Mike's death,

16 just like Brian said.

17 Angela Stafford, there at the concert as well, sees

18 the same thing. Three years prior to Mike's death. She

19 even a little bit farther. She's there when Denise is

20 seven months pregnant, two years prior to Mike's death.

21 And her and Brian are flirting or whatever, hanging out

22 and go out drinking. And what happens? Denise changes

23 the way she's acting towards her. Is it something

24 glaring? No. Keep in mind, affairs are secretive by

25 nature. Conspiracies are secretive by nature. But she 726 1 changes the way she's acting towards her. why? Maybe a

2 1-ittle jealous that Ms. Stafford was able to go out and

3 have drinks with him and she wasn't.

4 Cathy Thomas; found movie ticket where they had gone

5 out together, found the "Meridian" necklace, had

6 suspicions of them dating. The recording, she always

7 knew that they were in love with each other.

8 You've got the tickets that Brian kept as momentos.

9 Now, keep in mind that what he says is, yes, this affair

10 started three years prior. But also, even after Mike's

11 death they maintained secrecy until about 2003, 2004.

12 One of those tickets from 1998. More from 2001, 2002,

13 before they came out. They were kept because those are

14 things that they did together and dates they went on to

15 concerts.

16 The letter from Denise. The question about whether

17 or not Brian tried to get back together with Cathy.

18 There's a letter from Denise of that time period, in

19 which you heard a portion of it. You have it in evidence

20 if you want to take a look at it.

21 But in that she talks about her love and she

22 professes her love for him. How she's going to miss him.

23 That didn't happen over night. Keep in mind, he's still

24 married to Cathy at that time. That letter confirms that

25 this is an ongoing relationship between Brian Winchester 727 1 and Denise williams. It's from her handwriting and it's

2 in her name, signed, Love you. At one point she says, I

3 love you more than ever. You don't love someone more

4 than ever if you didn't love them before.

5 And then, finally, the truck at the church. Joanie

6 Chase, Tallahassee police officer. Nobody really thinks

7 anything of it at the time. obviously, it takes a

8 different light in this situation. But remember what

9 Brian Winchester said, he would park at different

10 churches. One of which was a Grace Lutheran Church off

11 of Miccosukee and Capital Circle. Right across from the

12 CVS area. Kind of over there by the dealerships.

13 Sergeant Joanie Chase on patrol back in 1999, the

14 year before Brian [sic] goes missing and dead, killed.

15 She comes across a larger SUV. And she makes a phone

16 call. Does the run, DMV. unfortunately, those are all

17 purged. But she remembers making a phone call to the

18 wife of the owners. usually you own a car, wife,

19 husband. And she remembers having that conversation.

20 Cathy Thomas, Brian winchester's wife, remembers

21 that conversation. Remembers Joanie Chase saying --

22 describing the bumper stickers. But that wasn't supposed

23 to be there because Brian was supposed to be hunting.

24 But he wasn't. Because he was there and done something

25 with Denise. Just like he said. Just like Brian told 728 1 you.

2 we talked about this in openings and in jury

3 selection. You are here because you are to use your

4 common sense, experience, education, life skills. And

5 you use those tools throughout the course of your

6 evaluation of all the situation here. Remember, affairs

7 and conspiracies are secretive by their very nature. And

8 they were good at it. They kept the secret of his murder

9 for 17 years. Twenty-one, including the affair

10 beforehand. Eighteen years now.

11 So now we turn to what Brian winchester's testimony

12 is about the actual conspiracy. Again, keep it in mind

13 about the previous accessory aspect; Dr. Mnookin's

14 testimony; Cathy Thomas's testimony; all the things we

15 just went over that corroborated all the other things

16 that Brian Winchester said. And that's the light in

17 which you should look at his testimony regarding the

18 conspi racy.

19 what did he tell you? Over a year they discussed

20 it. That insurance was a motive, but it wasn't the sole

21 motive. It was to be together, as far as he was

22 concerned. The plan evolved over the time period.

23 At one point there was a conversation about whether

24 they were going to kill both Cathy and Mike. A boating

25 accident offshore where Denise and Brian were going to be 729 1 clinging to a buoy. And Mike and -- Mike and Cathy are

2 dead.

3 He tells you that she has major concerns, given her

4 upbringing, with being a divorcee. Didn't want to be a

5 divorcee. was concerned about custody of her child.

6 Didn't want to share custody of her child. Balancing act

7 between a divorcee or a widow. A widow with

8 $1.75 million, the sympathy of the community because your

9 husband is missing in a hunting accident. A lot better

10 than a divorcee.

11 And what did he tell you about the murder itself?

12 Again, Brian Winchester's testimony corroborated. The

13 waders. The plan was to get him onto a boat, push him

14 over so he would drown in the waders. because of the

15 myth that if you go into the water with the waders,

16 you're going to, in fact, drown. You can't escape. They

17 drag you down.

18 But the plan was to take him out onto Lake Seminole

19 to the secret honey hole. But he had to put his waders

20 on before he gets into the boat. And they head out. And

21 he knows the depths in that area aren't real deep. So

22 he's got to go to this particular 12 -foot hole. Alton

23 Renew told you about this 12 -foot hole and the search,

24 and all the things -- and how everything is focused

25 around that one particular area. And when he gets to 730 1 that area, he pushes him over.

2 And somehow he's able to get out of those waders.

3 And we know that's corroborated because Joe Sheffield,

4 who's the man that found the waders six months later, he

5 says whenever he found the waders they were pulled half

6 way down, inside out, down to the waist area.

7 Howard Drew came in and said that,I taught him how

8 to get out of those waders. we practiced it in the pooi.

9 And the first thing you do is, you get those straps off

10 and you peel them down. And those waders were found in

11 that 12 -foot hole. Again, what he's telling you is

12 corroborated.

13 So you shot him. And I'm not going to go into the

14 details of how he shot him, because it was brutal . Brian

15 Winchester is not a good person. He's a murderer, just

16 like he told you. But that doesn't mean his testimony

17 isn't accurate. And we know -- and it's corroborated

18 that he was, in fact, shot because he told us where the

19 body is. we were able to recover the body. And we found

20 the body. And he was, in fact, shot in the face, just

21 like Brian Winchester told you.

22 Brian Winchester told you about the murder, that he

23 pulled the shirt over his head because he didn't want to

24 have to look at his friend's face. Again, that's how the

25 body was found. You saw the medical examiner's 731 1 photographs about that and her description of that.

2 Again, it's corroborated. And then he buried him. And

3 he took him and he buried him at Carr Lake.

4 Following his confession to law enforcement, he took

5 them to Carr Lake and showed them where he was buried.

6 And that's where he was found. Again, Brian Winchester's

7 statements are corroborated.

8 So what did he tell you? Three-year affair,

9 corroborated. The murder itself, corroborated. what

10 does it say about the other parts? certainly when you're

11 balancing weighing the evidence. If he's not lying about

12 that, it's corroborated, what does it say about the rest

13 of his testimony?

14 But then you go one step farther, the motive.

15 Follow the money. That's what Investigator Sparkman

16 says. Homicide investigation you look to the spouse,

17 follow the money. One -million dollars, $500,000,

18 $250,000; 1.75 million dollars that she is the

19 beneficiary of. Not Brian Winchester. She is. And when

20 you add all that up, each and every element of that

21 conspiracy has been met.

22 So now let's talk about the murder itself. How is

23 she guilty of the murder? Mike Williams is dead. The

24 death was caused by a criminal act. No question about

25 it. Premeditation, no question about it. Definition, 732 1 you've already got it. Killing with premeditation

2 basically means you actually thought about it beforehand.

3 Sometimes it can be instantaneous.

4 we know that's not here because this was a long,

5 thought-out process; get him into the waders, push him

6 overboard. All the plans that went into this particular

7 thing. No question, Mike Williams is killed after Brian

8 Winchester decided to do so. No question he made it well

9 before actually doing so.

10 So how does, again, Denise Williams figure into

11 this? That's where the principal comes into play. If

12 the defendant helped another person or persons commit the

13 crime of first -degree murder, the defendant is a

14 principal and must be treated as if she had done all the

15 things the other person did if she had a conscious intent

16 that the crime be done.

17 Again, Brian Winchester tells you all the stuff that

18 he told you regarding what it is that they conspired to

19 do beforehand. Did she have a conscious intent that he

20 go on that hunting trip and die and never come home

21 again? And the answer, of course, is yes. Did she do an

22 act, word or other thing that encouraged, assisted Brian

23 to commit the crime? Absolutely.

24 To be a principal the defendant does not have to be

25 present when the crime was committed. That's the law. 733 1 She is, in fact, a principal. And when you add it up,

2 when you add the conspiracy for murder, and you have the

3 murder that is actually committed, and you have a

4 principal to that murder, that equals murder.

5 And in the end, when you evaluate all that evidence

6 and you evaluate the corroborated testimony of Brian

7 Winchester and what Denise Williams's involvement is in

8 all of this, and you evaluate the recorded statement, the

9 testimony of Dr. Mnookin, the testimony of all the people

10 that corroborated, once again, Brian Winchester's

11 statement; and when you take it all into account, I am

12 confident that you will, in fact, find her guilty of

13 conspiracy to commit murder, first -degree murder and

14 accessory after the fact. Thank you.

15 THE COURT: why don't we take 15 minutes. Let the

16 jury step out.

17 (Jury exits.)

18 (A recess was had.)

19 THE COURT: Let's have the jury, please.

20 (Jury enters the courtroom.)

21 THE COURT: All right. Everybody be seated, please.

22 Mr. Way, you may proceed.

23 MR. WAY: Thank you, Your Honor.

24 Good morning, ladies and gentlemen.

25 THE PANEL: Good morning. 734 1 MR. WAY: I talked to you directly one time before

2 on Monday. This is going to be my last chance to talk

3 with you. You may note that I will probably try to slow

4 down a little bit. Because I have been instructed by the

5 court reporter that I was speaking at 330 words a minute

6 yesterday, which was about a hundred over what she's

7 rated for. So I need to try to pace myself a little bit.

8 So if it sounds like I'm slowing down on purpose, I'm

9 trying to help the court reporter out today.

10 Mr. Padovano and I and my team thank you for your

11 careful attention to this case. No one thanks you more

12 for your attention to this case than Denise Williams.

13 I'm going to talk to you in my closing argument

14 about five distinct areas. I can't do Power Point

15 presentations. I will probably, at some point, try to

16 put something here and it will be upside down and you

17 won't be able to read it. So I'm going to try to talk to

18 you and I'm going to trust in your memories and in your

19 note taking, and in what you've heard over the last three

20 days of evidence. But, also, what you have not heard

21 over the last three days in evidence.

22 The first thing I want to start with is just to

23 remind you of something you already know. Something that

24 you would recognize based on the instructions that Judge

25 Hankinson has provided. This is not -- this is not a 735 1 case about feeling sorry for anyone. This is not a case

2 about trying to get, quote, Justice for Mike. This is

3 not a case about concerts. This is not a case about

4 suspicions. It's not a case about guesses. It's not a

5 case about trips. It's not a guess [sic] about pictures.

6 It's not a guess about how you feel about Denise

7 williams. It's not a case about how you feel about

8 Cheryl Williams.

9 It's not a case about how people mourn. It's not a

10 case about how people grieve. It is not a case about

11 whether people smile. It is not a case about whether

12 people sit there and stare. This is a murder case.

13 I believe it would be helpful for you to consider

14 the following: when evaluating all of the evidence or the

15 lack of evidence that has been produced by the State of

16 Florida in this case, please try for a moment, as an

17 exercise, to remove from what you've heard any taint of

18 Brian Winchester. Take the evidence that has been

19 presented to you and take Brian Winchester out of it.

20 If you take Brian Winchester out of the things that

21 have been shown to you, you have nothing. That has been

22 confirmed, ladies and gentlemen, by the Florida

23 Department of Law Enforcement agents. You recall Agent

24 Devaney on Tuesday testified that there is no

25 corroborating evidence. There was no physical evidence. 736 1 There is no tangible evidence that implicates Denise

2 williams in the murder of Mike Williams.

3 That this case began and was investigated over

4 numerous years by numerous agencies. Let's talk about

5 the agencies and the timing. Because this is a long

6 time. Mike Williams was murdered by Brian Winchester at

7 the end of the Clinton Administration.

8 Into the early part of the Bush Administration in

9 2002, the evidence shows that law enforcement had already

10 sent an inquiry to Kansas City Life. it's 2002. There's

11 a followup in 2004 to the same insurance company. Which,

12 by the way, paid the premium -- paid the policy.

13 Because, ladies and gentlemen of the jury, that's what

14 life insurance does. Life insurance pays out. ou heard

15 that representative of Kansas City Life testify that they

16 did their investigation. They paid the policy.

17 The insurance, I want to call it a red herring. And

18 Mr. Fuchs has a picture of the insurance with some

19 red stuff on what looks like money. It's not even a red

20 herring. It's not even really anything.

21 Mike Williams was insured. Mike Williams passed

22 away. The insurance paid out. One thing the State

23 didn't tell you in their model or in their movie, so to

24 speak, is, based on what Investigator Sparkman said --

25 the one thing we know, of course, is that the Government 737 1 always thinks it's the spouse. But the State said,

2 follow the money. well, ladies and gentlemen of the

3 jury, where did that -- where did they follow the money

4 to? Did they present any evidence to you where the money

5 went? where the money is now. How the money was spent.

6 No, they didn't. Because it's a throw -away line. It's a

7 throw away. The policy is a throw away. And I'm going

8 to tell you why that is.

9 But true law enforcement does follow the money. But

10 in this case, they didn't. They didn't have to. And

11 I'll tell you why a little bit later. But it is clear

12 that the spouse is always the suspect.

13 But going back, if you take out Brian Winchester,

14 what do you have? ou have a couple of concert tickets

15 to some marginal bands. Maybe they were in '98. Maybe

16 they were in 2000. Maybe they were in 2001. You have

17 some tickets.

18 You have testimony that in 1998 Angela Stafford went

19 out with Brian Winchester after Denise's baby shower.

20 And the next morning Denise Williams gave her a dirty

21 look. Maybe she gave her a dirty look because Brian

22 Winchester was married to Cathy Winchester at the time.

23 Maybe, being best friends, Denise Williams took a dim

24 view of Brian Winchester going out with another woman.

25 It doesn't corroborate anything. Two people went out in 738 1

2 you have testimony of a truck parked at a church.

3 But without Brian winchester, what is that? That wasn't

4 Denise williams' truck. It was Brian's truck. And we

5 already know, in 1999, that's after Brian had already

6 started fooling around with Ms. Stafford, we heard that

7 testimony from her own mouth. And we also heard the

8 testimony of, where did Ms. Stafford stay sometimes when

9 she was in town? Sometimes she stayed with

10 Ms. Winchester and Mr. Winchester [sic] at Centennial

11 Oaks.

12 So there was a car there. That doesn't prove

13 anything. It's just another piece of something. Then we

14 have some suspicions and we have some guesses. But

15 without Brian Winchester, none of that amounts to

16 anything.

17 And we know from the evidence and from the testimony

18 by law enforcement, ladies and gentlemen of the jury, it

19 did not amount to anything. It did not amount to an

20 arrest. All of the things that have been presented to

21 you by the State Attorney to suggest corroboration,

22 standing on their own, do not prove anything. They never

23 have. They never did. And they never will.

24 All of these pictures that you may see of boat

25 landings and of duck waders, and of all of these other 739 1 things have that always existed, since 2000, do not

2 independently prove anything about Denise williams. You

3 take Brian winchester away, there is nothing about any of

4 this evidence or any of this testimony that supports any

5 of the three charges against Denise Williams.

6 Now, the Judge has given you a copy of the

7 instructions. And you've listened to the Judge and

8 you've read through the instructions. And I suspect,

9 ladies and gentlemen of the jury, that when you retire to

10 deliberate, you will look back through the instructions.

11 And I'm obligated to just point a few things out

12 about the instructions. You have to prove that all of

13 the elements -- or you have to show that all of the

14 element have been proven. Mr. Fuchs went in reverse in

15 his presentation and talked about accessory after the

16 fact. You have to look at that. You have to look at

17 what evidence there is that suggests that.

18 Now, in a minute when I talk about Brian Winchester

19 I'm going to talk about that evidence -- accessory after

20 the fact, because Mr. Fuchs says it is a phone call from

21 Cathy Thomas, that communication that is the evidence of

22 the accessory.

23 To be clear, before we get into Brian Winchester,

24 there is nothing before he gets involved in this case and

25 in this picture that substantiates any allegations 740 1 against Denise williams and doesn't do anything other

2 than suspicions. without Brian Winchester, I would sit

3 down, you would go back, you would come back, it would be

4 not guilty. There would be no reason to be here. It

5 would stop.

6 Mike Williams was killed December 16, 2000. Law

7 enforcement got involved. Law enforcement tried things.

8 Law enforcement couldn't find anything. Nothing

9 happened.

10 August 5,2016, over 15 years later, Denise Williams

11 was going through the divorce. A divorce. Did not

12 appear to have any philosophical, religious or moral

13 objections to divorce against Mr. Winchester. In fact,

14 the testimony suggests that she had been separated from

15 him since 2012 and had actually filed for divorce in

16 2015. No divorce problem there. No divorce problem at

17 all.

18 It was a bad marriage. Brian Winchester was a bad

19 husband. Mr. Winchester was a controlling husband. He

20 was a controlling man. And he did not like to be told

21 no. He was the type of man who did not like to have

22 someone tell him what to do. Because what was he? He

23 was a financial planner. He sold insurance. He planned

24 and he sold. He planned and he sold. And on August 5,

25 2016, he would have you believe that he simply wanted to 741 1 go and talk to Denise.

2 Now, this testimony from Dr. Mnookin, ladies and

3 gentlemen, shows absolutely nothing. Because you would

4 have to believe the underlying statements that Brian

5 winchester gave to Dr. Mnookin. Dr. Mnookin's testimony

6 is not evidence of anything. It's tainted, like

7 everything else is, by the touch of Brian Winchester.

8 And you heard Dr. Mnookin say to himself, and you

9 can recall your own memory and your own notes, that

10 Dr. Mnookin thought it was a pretty bad idea if you're

11 going to want to go talk to someone, to shove a gun in

12 their ribs.

13 But on August 6th [sic], 2016, Brian Winchester went

14 to Denise williams' home at between 2:00 and 3:00 a.m.

15 because, as he testified, that's when it's darkest. He

16 brought a gun, a backpack. He says a blanket, agent

17 Devaney says a tarp. He crawled into the back of her SUV

18 and he sat there and he waited for hours. Periodically

19 he would take a spray bottle of water and made sure he

20 sprayed the window so she wasn't going to be able to see

21 him when she went to her car.

22 Brian Winchester, at approximately 7:00 a.m. , as

23 Denise williams was coming out of her home on her way to

24 work, crawled over two rows of seats, scared her, put a

25 gun to her ribs and he kidnapped her. He kidnapped her 742 1 with a firearm.

2 He did not crawl over with a couple of concert

3 tickets and ask her if she wanted to go see Sister Hazel.

4 He kidnapped her at gunpoint. It is never disputed that

5 he did the crime because, ladies and gentlemen, he pled

6 to it. He admitted he did it.

7 So he takes her at gunpoint to do God knows what

8 with a gun, with a tarp, with a sheet, with bottles.

9 what was he going to do with her? what was he going to

10 do to her? But she talks him down. She calms him down

11 enough to get him to let her go. This man who supposedly

12 knows the deepest, darkest, most heinous secret, that

13 Denise Williams plotted and planned for the murder of

14 Mike williams.

15 That's what the State has to have you believe,

16 ladies and gentlemen. You have to believe that on August

17 5, 2016 she knew -- she knew she had planned, she had

18 been an accessory. You have to believe that.

19 And if it's true, ladies and gentlemen of the jury,

20 why does Denise Williams go to the police? The man with

21 a secret that could lock her up, she goes to the police.

22 She turns him in. Because he kidnapped her at gunpoint.

23 A reasonable belief that if she ever had any

24 suspicion that Brian winchester had killed Mike, she

25 would have taken him to the police for that. But she 743 1 goes to the police and she has the man who supposedly has

2 this great, deep, dark secret against her, and she goes

3 to tell the police what he did.

4 Now, at this point, while she's at the Leon County

5 Sheriff's Office giving her report, telling them what

6 happened, telling them about the gun, about the tarp,

7 about the blanket, about the threat, about being

8 kidnapped. while she is there telling law enforcement

9 about how she has been victimized, in comes Agent

10 Devaney, FDLE.

11 FDLE, working a case forever, hadn't gotten

12 anywhere. Didn't have anything. Boy, they had some

13 suspicions. why do they have suspicions? Because it's

14 always the spouse. Doesn't take any rocket science or

15 CSI or five hours of Law and Order. It's always the

16 spouse.

17 So he decides he's going to come in and he's going

18 to confront Denise williams. He's going to confront her

19 while she is in the sheriff's office preparing reports

20 and giving evidence related to being kidnapped by Brian

21 winchester.

22 And Agent Devaney is mean to her. He just doesn't

23 treat her well. She's there talking about being

24 kidnapped, he wants to talk about her dead husband. And

25 that's what he wants to do. He just wants to pester her 744 1 and needle her.

2 Denise williams didn't have a hard time talking to

3 law enforcement, ladies and gentlemen, because she went

4 to them. She drove to the sheriff's office. Now, if a

5 woman doesn't want to talk to law enforcement, ladies and

6 gentlemen of the jury, driving to their office is a bad

7 sign and a bad way to go about t. And, remember, she

8 never had a hard time talking to Sergeant Wooten. She's

9 willing to talk to these people, even though, supposedly,

10 Brian Winchester has this the deep, dark secret over her

11 because they planned it together.

12 So into jail Brian Winchester goes. August 5th of

13 2016 was Brian Winchester's last day as a free man. Or

14 was it? August 5,2016, Brian Winchester's last day as a

15 free man. Or was it?

16 The testimony is uncontroverted that he was looking

17 at life in prison. He was facing felony charges. He

18 happened to have the misfortune, or luck, depending on

19 how one looks at it, to have his case assigned to a

20 division presided over by Hangman Hankinson. Looking at

21 life in prison and the judge's colloquial nickname is

22 Hangman.

23 oh, young Mr. Winchester, he's got some issues.

24 He's got some issues. He's not a free man. He's in

25 jail. Denise Williams doesn't want him out of jail. 745 1 She's scared of him. She's terrified of him. He

2 kidnapped her at gunpoint. Threatened her.

3 Young Mr. winchester now is in jail. He doesn't

4 like being there. And as he testified to -- and it's

5 interesting because when he testified on Tuesday there

6 were a lot more tears, tighter performance. Wednesday,

7 nah, not so much tears. But he figured out he needed to

8 use the word we a lot more on wednesday. Didn't get so

9 much we on Tuesday. Got a lot of we on Wednesday.

10 You've got to work to your audience a little bit, is

11 Mr. Winchester's presumption.

12 But what we know is Mr. Winchester is a murderer and

13 a liar. And he's in jail. He doesn't like being in jail

14 and he doesn't want to go to prison. From his own lips,

15 I don't want to go to prison.

16 So what does Mr. Winchester decide to do? well,

17 what do we know about Mr. Winchester up to this point?

18 He's a planner. He's a salesman. There's one other

19 thing about Mr. Winchester that's relevant at this point,

20 he's already planted evidence before. Don't forget the

21 hat. Remember the hat?

22 Brian Winchester is out on Lake Seminole riding

23 around with his dad. Lying to everybody about what

24 happened. Lying about what he knew. Lying about what he

25 did. That didn't stop him from planting evidence. He 746 1 put a hat out there. He planted evidence.

2 So we've got a man who plans. we've got a man who

3 sells and we've got a man who doesn't have a problem

4 planting physical evidence. So when you have those three

5 skill sets, ladies and gentlemen of the jury, and your

6 judge is Hangman Hankinson, and you're looking at life in

7 prison, what do you do?

8 Let's start with some obstruction of justice. Let's

9 go ahead and see if wade wilson can help me get some

10 evidence out there that's going to discredit Denise.

11 Let's get wade Wilson. And when I say wade wilson, I'm

12 not talking about Deadpool . I'm talking about a guy who

13 told Brian Winchester that he was a hitman and was a

14 convicted felon. That he knew how to do this.

15 Brian winchester, that's -- that's his people.

16 That's the people he must have an affinity for. So he

17 decides he is going to try to get Wade Wilson to help him

18 out with some witness tampering. Some obstruction of

19 justice.

20 Wade Wilson is not -- not the only one. He's going

21 to throw in Kimberly Adams. And these are all things

22 that, in between tears and in between performance,

23 Mr. Winchester tells you. Yeah, you know, going to get

24 Kimberly Adams involved. And just to maybe round out my

25 witness -tampering -obstruction -of -justice plan, I'm going 747 1 to throw my sister in on it. My only sister. I'm going

2 to try to get my only sister to tamper with witnesses and

3 to obstruct justice.

4 You don't have to have any black -- you don't have

5 to have any more desire to pervert justice than to try to

6 get your own sister drawn into witness tampering. But

7 that's what he did.

8 He was in jail from August 5, 2016 and he was in

9 jail in 2017. And all along he had never had a

10 confession. He had never had any epiphany. He had never

11 gone to law enforcement to say, oh, by the way, I killed

12 Mike Williams and I want to be forgiven. I want to be

13 redeemed.

14 Brian Winchester knew, just like every other person

15 that testified, that the Mike Williams' disappearance was

16 a big story. It was big news. People felt sympathy.

17 People felt anger. People felt concern. It had

18 high -value information.

19 So in the summer of 2017, after spending a year in

20 jail and recognizing that his obstruction of justice and

21 witness tampering plans were not going to work --

22 because, as Mr. Winchester said, lying only makes it

23 worse. Probably a really late time in life to come up

24 with that idea. But he said, well, lying made it worse.

25 Or did it? 748 1 I have tried witness tampering, sitting in jail. I

2 got nothing else to do. And I'm a planner, I'm a

3 salesman and I'll obstruct justice. So what do I have to

4 do? I will come up with -- not a life insurance policy,

5 I am going to come up with a Brian Life Policy.

6 I am going to come up with a way to not only get out

7 of the serious, serious trouble I'm in, the life felony

8 that I'm looking at with Judge Hankinson. I'm going to

9 give the State something so good they're going to give me

10 a free pass to murder. They're going to let me get away

11 with it. And as icing on the cake,I get revenge on

12 Denise Williams for turning me in to the police on August

13 5, 2016.

14 So what does Mr. Winchester, the salesman, planner,

15 the liar, the murderer, what does he come up with -- of

16 course I told you I'd put it upside down -- comes up with

17 Defense Exhibit 1. Interestingly, ladies and gentlemen

18 of the jury, you didn't hear about this in the State's

19 opening. And you also didn't hear about it in their

20 first closing argument.

21 You will get an opportunity to read this when you go

22 back. It is a three -page contract. It's styled A

23 Proffer of Brian Winchester, as you can see. It is not

24 the Brian Winchester Life Policy. That probably would

25 have been a little too obvious. But this three -page 749 1 document was entered into by the Office of the State

2 Attorney and Mr. Winchester and Mr. Winchester's lawyers.

3 And what does it do, ladies and gentlemen? We, the State

4 of Florida, will give you use and derivative immunity for

5 anything you tell us.

6 Now, what do we know about October of 2017? we know

7 that up until then law enforcement has no independent

8 evidence of the murder of Mike Williams. They have

9 nothing. No one has been arrested. No one has been

10 charged. They have a few little suspicions. They have a

11 few little things that look funny.

12 They look at, well, she married him, she must know

13 something. They want you to believe that's got something

14 to do with something. That she married a guy that she's

15 known since she was three. She didn't know he was a

16 murderer. Did find out, ultimately, that he was a bad

17 husband. Ms. Thomas knew that. I think Ms. Stafford

18 knows that. I mean, everybody knows he's a bad husband.

19 But up until October of 2017 there's no evidence.

20 Nothing's going to happen on this case.

21 So Mr. Winchester sells the Brian Winchester Life

22 Policy to the State Attorney's Office. And what does he

23 get? He gets never arrested for Mike Williams' murder.

24 He gets never charged with Mike Williams' murder. He

25 gets never had to come into a court and account for a 750 1 murder. He will never get sentenced for that murder. He

2 will never do time for that murder. He will never do

3 probation for that murder. He will never pay a fine for

4 that murder. He will never have to write a letter of

5 apology for that murder. Nothing.

6 But he was a better salesman, because he added some

7 more. The State agrees they're going to seek no more

8 than 45 years in prison, as a cap. The State agrees that

9 they will not tell Judge Hankinson about the witness

10 tampering. Because it would be fair comment on the

11 evidence to suggest that Judge Hankinson would not take

12 kindly to that.

13 He got everything he could ever hope for for

14 himself. And all he had to do was tell a little story

15 and take them to where he had buried Mike. Because, of

16 course, he knew where he buried Mike.

17 Because what we know is that he took Mike Williams

18 to a place they had hunted before. A place they knew.

19 Took his best friend. Talked to him every day. Known

20 him since high school. Kids were about the same age.

21 Starts a plan. Early morning when it's dark -- sounds a

22 lot like what he was going to do to Denise williams. of

23 course, he hadn't perfected his murder, disposing of

24 bodies tarp plan in 2000.

25 But he took -- he went with his best friend to Lake 751 1 Seminole. Put him in a boat, and he threw him out of the

2 boat.

3 Now, this thing about waders, ladies and gentlemen

4 of the jury, has nothing to do with anything. Because

5 Brian Winchester and Mike Williams hunted together. They

6 knew each other for years. There was no reason to

7 believe that Brian Winchester would not have known that

8 Mike Williams had had that wader training.

9 He knew how to get out of waders. There's no reason

10 to suspect that Mike Williams ever didn't tell Brian,

11 hey, listen,I don't know how to get out of waders. Of

12 course you do. You did it in the guy's backyard. You

13 knew how to do it. That's what hunters tell each other.

14 You know, hey, I know how to do it.

15 It's called drown proofing. People do it to their

16 kids. Put them in waders, throw them in the water. How

17 to get out. When you're a hunter, you learn these

18 things. You know how to do these things. You teach your

19 children how to do it. I teach my children how to do it.

20 But what does he do? He gets Mike in the water. He

21 starts ci rdi ng around him in his own boat, through the

22 stump field. And in the cold water, the dark water, the

23 black water, Mike makes it to a stump. And he's yelling.

24 He's yelling at Brian Winchester. And Brian is circling

25 him. circling him in Mike's own boat. He's circling 752 1 him.

2 And he gets up close to him. He pumps his shotgun.

3 Mike's yelling. He's bringing the boat. He gets up to

4 three feet and he shoots him in the face. Looked him in

5 the eyes, probably one last time, before he took away the

6 front of his head. Three feet.

7 Circles around again. Reaches down in the water

8 with his wet left hand. Goes all the way down, pulls the

9 body. Drives over. Leaves the body on shore. Backs his

10 truck up. He takes the lifeless, faceless body of his

11 best friend and he shoves the head into a dog crate.

12 Into a dog crate. And he speeds back to Tallahassee.

13 Says he gets in bed with his wife. Interestingly,

14 his wife never testified about remembering that. She

15 said,I saw him around three o'clock at the family

16 function. Drives around, says he sees Mike Phillips at

17 Wal-Mart. Mike Phillips didn't see him at Wal-Mart. But

18 he did get a tarp and he got a tool. And he went out, he

19 dug a shallow grave. Pulled his best friend out of the

20 dog crate, rolled him up, put him in a tarp, put him in a

21 hole. That's what he did.

22 Now, he says -- you know, when I ask him questions

23 he says, we did it. I asked him if Denise Williams was

24 with him on that cold morning in December of 2000. He

25 says, She was in my head. There's no telling what else 753 1 was in Mike -- Brian winchester's head. what voices he

2 was hearing. He said, She was in my head.

3 So he's got the story. Because, of course, he knows

4 the details because he killed Mike. He knows the

5 details. That, ladies and gentlemen, is not

6 corroboration. That's called a confession. If I tell

7 you where I buried the body,I am not corroborating

8 another fact. I am confessing to you what I have done.

9 And he told whoever would listen, this is where the

10 body is. Let's go dig it up. Let's have a field trip.

11 Because I'm good. I can feel relieved because I have the

12 Brian Winchester Life Policy. It does not matter how bad

13 this looks. It does not matter how bad it sounds. I am

14 going free on the murder. Scot-free.

15 So a couple of months pass. Mr. Winchester is

16 brought before the Court. He enters a plea. Judge

17 Hankinson, who, by the terms of this agreement, is not

18 aware of the Wade Wilson case. Read t carefully.

19 Mr. Winchester and the State agreed not to tell the Judge

20 about the witness tampering.

21 It's extremely unclear that the Judge would have

22 even known that that agreement existed. Because they

23 entered an open plea, the Judge considered only the

24 kidnapping, only the armed assault. That was all that

25 they told Judge Hankinson about. 754 1 So Judge Hankinson sentenced Brian winchester to 20

2 years in prison. Twenty years. He hemmed and hawed a

3 little bit about how much of that time he'll actually

4 serve. But it's no more than 20 years from that date he

5 got arrested in August of 2016.

6 So the longest -- from the testimony -- that Brian

7 Winchester is going to be locked up is until 2036. And

8 it's only for kidnapping Denise. It's only for sticking

9 a gun in her ribs. It is not for shooting his best

10 friend in the face with a 12 -gauge shotgun.

11 And so now the State has the Brian Winchester Life

12 Policy. And they've got -- well, we found the body. But

13 we're prosecutors and so we're kind of in the

14 somebody's -got -to -pay business. Brian Winchester is over

15 there saying, hey, Denise helped me. Hey, why not?

16 Denise did it.

17 Because what do we know about Brian Winchester?

18 He's a liar and he's a murderer. I mean, he lied

19 about -- you know, from the beginning of this case. He

20 lied to his father. He lies to all these women over the

21 years. He lies about -- he just lies. He's a murderer

22 and a liar. But he's also a salesman and a planner. And

23 he -- the fifth thing, he likes to obstruct justice.

24 So now he's got these FDLE guys all on the hook.

25 They are racked in on the Brian Winchester Life Policy. 755 1 So what does law enforcement do? well, let's set up some

2 things where we're going to lie to her. Yeah, that's a

3 good idea. Let's do some lying. We're FDLE. As if they

4 take a page out of the Brian winchester playbook. Let's

5 not be truthful. Let's tape this phone call.

6 This so-called phone call, ladies and gentlemen,

7 please listen to it. Don't listen to the edited parts.

8 Look at your notes. That phrase, I'm going to tell --

9 tell Marcus to tell Brian I'm not going to talk. That's

10 not in that audio. what it is is, it's Cathy Thomas, who

11 has been scripted by the Florida Department of Law

12 Enforcement. who is putting on a semi-oscar-worthy

13 performance with the snot and sniffling talking about her

14 marriage. She's the one that's bringing that up.

15 There is no recording, e-mail, text message, any

16 kind of evidence that suggests Denise Williams ever said,

17 tell Brian to tell Marcus or whoever. And if she did

18 make that statement, she would have made that statement,

19 according to the State, some time in 2016. But all of

20 these recordings that Ms. Thomas is doing, they're in

21 2018.

22 Ladies and gentlemen of the jury,I don't mean to

23 particularly harp on Ms. Thomas, but one of the

24 instructions is, you can look to how a witness answered

25 questions. If you think back on how Ms. Thomas was on 756 1 answering questions and time, and how things happened,

2 and what order they happened in, she's confused and she

3 doesn't really know exactly what that was about.

4 what she does know is Denise Williams told her, I

5 don't want to talk to Mr. Devaney, because I don't like

6 him. Mr. Devaney is a jerk. That's what she told her.

7 And she and Ms. Thomas talked every day by phone or by

8 text.

9 Ms. Williams didn't have a hard time talking to Leon

10 County Sheriff's Office when Brian Winchester shoved a

11 gun in her. It's something that kind of looks good. But

12 it's got to work with the Brian Winchester Life Policy.

13 Because somebody has to pay.

14 That's what the State needs you to do. They need

15 you to come out and give them cover for not thinking

16 about how bad this policy was going to be for them. They

17 gave a free pass to a murderer and they got nothing else.

18 So, ladies and gentlemen of the jury, itTs always

19 the wife. Follow the money. Do the easiest thing you

20 can do. Just throw it up there and hope something

21 sticks. Let's help Brian get that revenge he needs.

22 Let's go after Denise. Because that's the story

23 everybody wants to hear. That's the easy story.

24 When Mr. Fuchs was talking to you and he was

25 pointing to things, and he would say, you know, the 757 1 evidence corroborates, the evidence does this, the

2 evidence does that. Ladies and gentlemen of the jury,

3 hindsight is 20/20. if you know what lie you're trying

4 to spin, you can look back in your catalog of memories

5 and try to find things that maybe work with the lie or

6 the story you're making up. If you know what the story

7 needs to be in 2017, you can give the person who's

8 listening the facts you think that help support it.

9 In the span of 21 years, ladies and gentlemen of the

10 jury, without Brian Winchester -- without Brian

11 Winchester, they have come up with this.

12 it is not your place, ladies and gentlemen of the

13 jury, to feel sorry for anyone. Certainly not your place

14 to feel sorry for the State Attorney's Office for the

15 horrible decision they made to give the murderer a free

16 pass. But you certainly don't have to try to help them

17 undo that horrible decision.

18 This case is only about Brian winchester. It is

19 only about him killing Mike Williams. It is only about

20 him doing the most heinous thing that can be done to

21 another human being. He took his life. He took away

22 Denise's husband. He took away Anslee's father. He took

23 away Cheryl's son. He took away Nick's brother. He took

24 away all of the friends and family. Brian Winchester did

25 that. Not Denise Williams. 758 1 There is no evidence that supports any of the

2 allegations against my client. Not accessory. Not

3 principal. Not conspiracy.

4 i want to leave you with the final thought that I

5 maybe touched on earlier, that when Brian Winchester was

6 asked all these questions and I was standing there. And

7 i was talking faster than I probably am now -- although I

8 sense from the court reporter that I'm probably about 300

9 words a minute right now. okay. Maybe a little under.

10 But as I was standing there and I was asking him

11 questions, you remember that at every gratuitous

12 opportunity he would say we, we, we. His scripted moment

13 he would say we. Because he could think that maybe,

14 maybe that fat, fuzzy lawyer is going to get up there in

15 that little snarky tone he takes. He's going to poke at

16 me, so I need to be prepared for that. Because what am

17 I? I'm a planner and a salesman and a murderer and a

18 liar and an obstructer of justice. But when that lawyer

19 comes at me, I'm going to say we. I'm going to show him.

20 And I'm going to show the jury that it's we.

21 He was waiting for those questions. You can tell.

22 Think back. Go through your memory. Go through your

23 notes. Think about all the times you heard the word we.

24 But then at the end I asked the two questions that

25 every defense lawyer on the planet would hope to ask and 759 1 never expect an answer. Mr. winchester, you are a

2 murderer? Yes,I -- I am.

3 The next question, the one that every lawyer dreams

4 of to ask a witness in a trial. Mr. winchester, you are

5 a liar? Yes, I am. There is no we, ladies and gentlemen

6 of the jury. There is only the I that is him. That is

7 Brian winchester. who viciously murdered his best

8 friend, dragged his body back to town in a dog crate,

9 buried him in a shallow grave.

10 To make this work for Brian Winchester, it doesn't

11 really matter anymore. He's gotten all the benefit he's

12 ever going to get out of that agreement, that deal, that

13 Brian Winchester Policy. But, see, the State's left with

14 it now. They bought the policy. They bought it. They

15 agreed to it.

16 You don't have to. You don't have to buy a single

17 thing that he sold them. You don't have to believe it.

18 You don't have to do it. Because, ladies and gentlemen

19 of the jury, you took three oaths to tell the truth. It

20 got you to where you are sitting here today. And I'm

21 going to respectfully hold you to those oaths. And

22 Denise Williams is going to hold you to those oaths.

23 You're going to look at those instructions and

24 you're going to see it. And you're going to look through

25 it and you're going to look at that evidence. And you're 760 1 not going to feel sorry for the State. You're not going

2 to feel the need to somehow give them a conviction so

3 they get something out of this. That's not justice.

4 And these instructions will contain a phrase,

5 miscarriage of justice. we are counting on you to return

6 a verdict that speaks the truth and that verdict is not

7 guilty. To fail to follow the instructions is a

8 miscarriage of justice. we believe you will not do that.

9 we do know, however, ladies and gentlemen of the

10 jury, Brian Winchester will obstruct justice.

11 Denise Williams is not guilty.

12 THE COURT: Let's stand up for just a minute, if we

13 would. Everybody okay? we're going to go into

14 Mr. Fuchs' argument.

15 MR. FUCHS: Your Honor, before I go --

16 THE COURT: Anybody need --

17 MR. FUCHS: ITm sorry. Before I go into argument, I

18 also need a sidebar too.

19 THE COURT: Okay. Anybody need to take a break?

20 (No audible response.)

21 THE COURT: Okay. We're good.

22 All right. We'll go sidebar.

23 (Sidebar had as follows):

24 MR. FUCHS: Your Honor, yesterday there was a motion

25 in limine regarding statements having to do with whether 761 1 she cooperates or does not cooperate with law

2 enforcement. Mr. way argued that extensively. And I'd

3 argue that it opened the door for me to talk about the

4 fact that the change of circumstances, her contacting law

5 enforcement -- she didn't respond to calls from will

6 Mickler and the other items that we talked about

7 previously.

8 THE COURT: Mr. way?

9 MR. WAY: I don't have a position.

10 THE COURT: I agree. He said several things that

11 opened the door. But, still, you need to do it

12 carefully.

13 MR. FUCHS: Yes, sir.

14 THE COURT: because it can -- if in -artfully stated,

15 could become a comment on her right to remain silent.

16 MR. FUCHS: Yes, sir.

17 (Sidebar concluded.)

18 MR. FUCHS: Yes,I have a Power Point. It's how I

19 keep my notes.

20 Mr. Way said, let's take Brian out of the equation.

21 Without Brian there's nothing. Brian's a liar. Brian's

22 a murderer. Yeah, he is.

23 But let's start off by taking Brian out of the

24 equation and let's go to that recording. Previously,

25 I've already played to you -- you've heard the entire 762 1 recording. it's 23 minutes. So I've taken snippets out

2 so you don't have to sit here for the full 23 minutes.

3 But there's more to that recording than just the one

4 statement.

5 And when you listen to this next one that we have

6 here,I want you to look at this through this

7 perspective. On the cross-examination of Cheryl

8 williams, and they were talking about Anslee,

9 Mr. Padovano asked Ms. Cheryl Williams, If she was

10 innocent and accused of murdering Mike -- talking about

11 Denise -- you would expect her to react in anger,

12 wouldn't you? Yes.

13 In that recording she accuses -- Cathy accuses

14 Denise Williams of planning and plotting and her

15 involvement in the murder.

16 (Audio playing)

17 MS. THOMAS: Brian told me that y'all planned it.

18 MS. WILLIAMS: Planned what? oh, my gosh.

19 MS. THOMAS: And Marcus showed up at the shop later

20 that afternoon.

21 MS. WILLIAMS: uh-huh.

22 MS. THOMAS: You know, telling me how I would have

23 to take this to my grave.

24 MS. WILLIAMS: Wait. Wait. So --

25 MS. THOMAS: That it would ruin (inaudible) life. 763 1 It would ruin -- you know, apparently, Brian told Marcus

2 that he had talked to me. And he went on to just tell

3 me -- Marcus went on to tell me how my life would be

4 ruined. How I would never be able to start over if

5 Stafford's life was ruined. If --

6 MS. WILLIAMS: So Marcus knew? When you said Brian

7 said y'all, you're talking about me and Brian, or Marcus,

8 or who?

9 MS. THOMAS: You and Brian.

10 MS. WILLIAMS: And that Marcus is involved? I mean,

11 obviously, if he came and talked to you.

12 MS. THOMAS: well, there's just a whole, you know,

13 shut it down, shut down. So, you know, whenever --

14 MS. WILLIAMS: What in the world?

15 MS. THOMAS: I mean, it's -- it's -- it's --

16 MS. WILLIAMS: And then you got a letter from Chuck.

17 My parents got a letter too. But you got a letter from

18 Chuck and he's talking about it too, or no?

19 MS. THOMAS: Chuck told me what happened in Atlanta.

20 MS. WILLIAMS: In Atlanta. okay. Yeah.

21 MS. THOMAS: So, here's the deal. Here is the deal.

22 Hang on. Somebody's texting me. Rex is not doing well.

23 MS. WILLIAMS: Aw. Yeah, you know, that's pretty

24 major. Especially with Marcus involved.

25 (Audio stopped.) 764 1 MR. FUCHS: She is just accused of murdering her

2 ex-husband by her friend and her concern is that Marcus

3 was involved. That's her issue? Brian told me that

4 y'all conspired, planned and killed Mike williams. wait,

5 Marcus is involved?

6 This is the same person that cut off the grandmother

7 from the granddaughter because she made accusations

8 against her. In this recording she's concerned about

9 Rex.

10 Just accused of murder and the only thing she wants

11 to know is, Marcus was involved, why? Because the pact

12 that she had with Brian winchester was that nobody else

13 would know. Just them. And that's how they kept it a

14 secret for that 17, 18 years. That's why she's concerned

15 about maybe Marcus is involved. It's not the fact that,

16 oh, by the way, I've been told that you killed your

17 husband. Her concern is Marcus is involved.

18 I'm not going to play the whole thing, but she

19 actually accuses her twice. Two times. It's not even

20 what she says. It's what she doesn't say. In this

21 recording she's just accused by one of her best friends

22 of plotting to murder her husband, who was, in fact,

23 murdered, and never says, oh, no,I didn't. what she

24 says is, wait, Marcus is involved.

25 You go back -- and you'll have the opportunity, 765 1 because you have this entire recording to go back there.

2 Again, I'm not going to sit up for 23 minutes and just

3 play it again. But you have the ability to do so back in

4 the jury room. Go back and listen to this recording. It

5 lays out this entire case without Brian.

6 Accuses her of the homicide, we've already heard

7 that part. Two times. Talks about the Chuck Bunker

8 thing. And actually says -- and Denise admits to the

9 fact that Chuck Bunker -- she was actually cheating on

10 Brian by going with Chuck Bunker up there in Atlanta.

11 when she accuses a second time, she goes, why

12 couldn't y'all have just gotten a divorce. She asked if

13 Mike knew. And they talk about things like money. And

14 Mike didn't find out about anything. That he didn't

15 suspect anything. Didn't suspect the affair.

16 That recording goes beyond just the statement that

17 implicates her for the accessory after the fact. That

18 recording, without Brian, lays out the whole thing.

19 Listen to it. use that common sense. use those skills,

20 your education, your life skills that you use each and

21 every single day, and listen to that recording and what

22 is said and what is not said. And even if you take Brian

23 out of it, it tells you the whole story that you need to

24 return a verdict of guilty.

25 Mr. way says this is not about justice for Mike. 766 1 This absolutely is about justice for Mike. This is about

2 holding that person accountable for it in what her role

3 is. That's what you are here to decide, what her role

4 was in all of this. That is solely what you are here

5 for.

6 He says, take Brian out of the equation. That guy

7 is a bad, bad, bad man. He held up the proffer

8 agreement. My signature is on that proffer agreement. I

9 had to make a decision to solve a 17 -year -old homicide

10 case. was it a good decision? I don't know. Time will

11 tell. That is a cross that I must bear.

12 To sit here and listen to him describe how he killed

13 his best friend while asking him the questions turns my

14 stomach, just like it did everybody else. But he is a

15 part of this case, like it or not. He is not going free.

16 Jason Newlin, the investigator for the State

17 AttorneyTs Office that conducted the proffer agreement,

18 told you what we were there for on the proffer agreement.

19 The proffer agreement was to get closure for the family

20 and to find Mike Williams. At no point was this proffer

21 agreement about implicating Denise Williams.

22 We are here today because that's where the evidence

23 took us. And it wasn't based upon -- solely upon Brian's

24 testimony. It was based upon going back and looking at

25 the things and finding the witnesses that we found 767 1 afterwards to corroborate not only his story, but also to

2 get that recording that tells the picture. The totality

3 of everything. And that's your job too, to sort through

4 that as well

5 Brian winchester is not going free. He has 20 years

6 in the Department of Corrections followed by 15 years of

7 probation. while he's sitting there in the prison

8 cell -- as he wakes up every day on that bed and stares

9 at those bars -- at no point,I assure you, does he say,

10 I'm glad I'm here on this and not that.

11 He is in prison. A prison cell looks the same

12 whether you're there for murder or whether you're there

13 for kidnapping. And he's got 15 years of probation. If

14 at any point he violates that probation, gets in a fight

15 at the prison, I assure you, we're coming after him.

16 But, also, let's take a look at that proffer

17 agreement. You've got the entirety there, just like

18 Mr. way told you. If at any time he lies or purgers

19 himself under oath about anything contained in any of his

20 statements, the entire statement can be used against him

21 and he can be prosecuted for murder.

22 Now, normally an immunity situation you think, well,

23 maybe he's lying. Ladies and gentlemen, that man has

24 absolutely every reason to tell you the truth. Because

25 if he lies in any way, shape or form, that immunity yMeJ

1 agreement gets shredded and he goes down for murder by

2 his own confession.

3 On its face you say, wait a second, immunity thing.

4 But when you look into it, that man has got the ultimate

5 motive to make sure that he is telling you the truth.

6 Yes, it's awful.

7 I don't in any way, shape or form think I'm Eliot

8 Ness or the U.S. Government, but that's exactly what they

9 did with Al Capone. They got him for tax evasion. Just

10 like Brian winchester, he was a murderer as well. They

11 got him for what they could get him for. And that's why

12 the immunity agreement exists.

13 And the only thing the immunity agreement says is I

14 couldn't ask for life imprisonment. I asked for 45

15 years. I got 20. If he violates, I'll get more.

16 This is about justice for Mike. And what her role

17 was in all of this. Use your common sense, your

18 experience, your education and life skills. Why send

19 that message? Why send that message? Because she knew

20 that she had went to law enforcement and she knew a very

21 real possibility in this situation was that Brian was

22 going to turn around and dime her out. And she wanted to

23 make sure that she told him, hey,I want you to know I

24 didn't say anything. Say anything about what? Tell

25 Marcus to tell Brian I didn't say anything. Say anything 769 1 about what?

2 She's sitting there talking to law enforcement. why

3 send that message unless what Brian tells you is true,

4 that there was an agreement that they would never talk to

5 law enforcement together. It's the only thing that makes

6 sense for that entire message. It's the only thing that

7 makes sense.

8 She wants to make sure -- she understands that he

9 has the ability now to dime her out. And she wants him

10 to make sure that he knows that she didn't do it, and,

11 therefore, he shouldn't do it either and he should stick

12 to the pact. Stick to the agreement that they had.

13 It's the only logical reason for sending that

14 particular message within the week of his arrest. Again,

15 I'm not going to play it, but you don't have to take my

16 word for it. we have it on the recording.

17 If nothing else, nothing else, argument will say

18 that she wasn't part of the conspiracy, wasn't part of

19 the murder, and found out later on that Brian was

20 involved and actually did commit the murder of Mike

21 Williams. That statement itself implicates her on the

22 accessory after the fact.

23 As I said, you apply everything else back in now

24 that we take and know what Brian told us. Because he is

25 a part of this. He does have incentive to tell you the 770 1 truth. And what he told you is corroborated by the

2 witnesses.

3 But let's talk about this, what we know about Denise

4 williams. we know that over the years there at Ketcham

5 Realty she would regularly call up, Brian -- I mean,

6 Mike, come get me my gas in my car, bring me food. I'm

7 going to go talk to Brian instead of you. A little

8 controlling, maybe?

9 use your common sense, experience, education and

10 life skills. How do they not have a conversation like

11 this -- on the day of their anniversary when they're

12 going to Apalachicola, how is it that he doesn't ask her

13 for permission to go? Is it all right if I go hunting

14 Saturday morning before we go to Apalach? Sure. who are

15 you going hunting with? Brian. All right, what time

16 you going to be back? what time are we leaving? okay.

17 That works.

18 So use your common sense. use your skills,

19 experience, life skills. This conversation occurs,

20 what's the first thing she says to law enforcement, or

21 anybody for that matter, when Brian doesn't -- when Mike

22 doesn't come back from hunting? Call Brian, he's the one

23 that was with him. That's the first thing you would do.

24 Law enforcement will go talk to Brian. where were

25 you? Maybe we would have uncovered all this back then. 771 1 I don't know. But your skills, your education, your life

2 skills tells you, this is the way it would have gone

3 down. unless they have a plan and a pact to set up

4 alibis and not dime each other out. And she's involved

5 in the homicide. Because then the answer is;I don't

6 know. He just went hunting and he didn't come back.

7 SheTs arrested by law enforcement -- I'm sorry. On

8 the day she goes for the kidnapping -- excuse me. On the

9 day she goes for the kidnapping Mike Devaney says,

10 involved in any way, shape or form. At no point does she

11 say, you know, there have been rumors for years about

12 this thing, but I never wanted to believe it. I was in

13 love with the guy. But maybe after what happened this

14 morning, it's true.

15 Nope, what she tells Devaney is, no way he did it.

16 i never would have married him if I thought he did. No

17 way he did it. Part of the pact. Part of the agreement.

18 Mr. way talked a little about law enforcement. How

19 cooperative she was with law enforcement. Think back.

20 How cooperative she was with Dr. woot -- with sergeant

21 wooten. Yeah. until Sergeant Wooten says, Florida

22 Department of Law Enforcement is involved. And what does

23 she know about Florida Department of Law Enforcement?

24 Mike Devaney came in and said, I'm investigating the

25 murder of Mike Williams and Brian's involvement in that. 772 1 And what happened when Florida Department of Law

2 Enforcement got involved? She stopped returning will

3 Mickler's phone calls.

4 If Brian's lying to you, why, why are you

5 threatening the grandmother to stop the investigation on

6 two occasions? And you'll never see your granddaughter

7 again. Brian didn't make that threat. She did. The day

8 before her birthday. If you don't stop this

9 investigation, you'll never see your granddaughter again.

10 The day before her birthday. And she never did.

11 Ladies and gentlemen, that's not the actions of an

12 innocent person. That's the actions of someone who was

13 in a plan to commit a murder. A murder was occurred.

14 And was afraid of an investigation and all the hubbub

15 that Ms. Cheryl was making. She was afraid Cheryl would

16 succeed. And she did.

17 Let's talk a little bit more. Go back to the money,

18 the motive. Follow the money. Brian can't get it.

19 She's the sole beneficiary. He can't get it.

20 $1.75 million isn't a motive for him because he doesn't

21 get a dime of it. only Denise can collect that money.

22 And what did she do? She wasted no time. Kansas

23 City Life, $1 million policy, $250,000, $1.25 million

24 submitted for, her signature. Look at the date, January

25 4th of 2001. 773 1 Ladies and gentlemen, the search didn't even end

2 until February. Brian's friends, family, law enforcement

3 are on the lake looking for him. Extensive search all

4 the way through February. And 19 days later she's filing

5 for his insurance payment of $1.25 million. Nineteen

6 whole days. That's a cold individual. That's a person

7 that's involved in a homicide.

8 Ladies and gentlemen, as I said, I was thanking you

9 for the way that you pay attention. Not only to the

10 evidence presented, but the things that happened in this

11 courtroom. Think back three days ago. Brian Winchester

12 is on the stand describing how he shot his best friend.

13 How he circled around the stump. Approached, three feet

14 away, shot him in the face. Everybody in this entire

15 room was moved by that and the sheer horror of that

16 situation, except for one person.

17 That one person sat here and listened to Brian

18 Winchester describe how she had -- how he had shot and

19 killed her husband -- the man she supposedly loved and

20 cherished -- absolute stoned face. Didn't bat an eye.

21 Didn't shed a tear. use your life skills, your

22 experience, your education. How does that apply in all

23 of this?

24 Again, back to that recording. Go back, listen to

25 it. You've got it. It lays the entire case out without 774 1 Brian winchester's involvement.

2 But the simple fact is, Brian Winchester is

3 involved. He's involved because he pulled the trigger.

4 He's involved because he had a three -year -affair, prior

5 to the murder, with Denise. He's involved because he

6 helped plan it with her. Yeah, he got the immunity deal.

7 He's serving prison time for what he is. But that

8 doesn't change her involvement and that's what you're

9 here for.

10 (Audio playing)

11 MS. THOMAS: Like, I've always thought to myself, if

12 I had said, Mike, I think Brian has a girlfriend. I've

13 always wondered if he would still be here. Like, why

14 couldn't y'all just get a divorce? I've always known

15 that you and Brian loved each other.

16 (Audio stopped.)

17 MR. FUCHS: Mr. Way made a little bit of an issue

18 about the divorce. She could get a divorce from Brian

19 Winchester because Anslee wasn't involved. That's why

20 she couldn't get the divorce from Brian -- I mean, from

21 Mike. She didn't want to have to share custody with her

22 father.

23 Doesn't that make sense for the same person that

24 took Mike Williams' daughter away from the grandmother?

25 Who 19 days later filed for an insurance claim. who sat 775 1 here stone faced.

2 Ladies and gentlemen, Mike williams was a devoted

3 father. He was a devoted husband. Mike williams died

4 with his ring on. with that devotion. The only part of

5 that that Denise williams took to heart is till death do

6 us part. And she took it to the extreme.

7 And she, along with Brian winchester, made sure that

8 death did him part. She helped plan it. She held up her

9 end of the bargain by helping with alibis. She helped

10 with her bargain by helping him afterwards. By making

11 sure that even though she had him arrested, that she

12 didn't say anything.

13 And when you take all that into account, that lady

14 right there, Ms. Denise williams, is guilty of conspiracy

15 to commit murder, first -degree murder, and accessory

16 after the fact. Thank you.

17 THE COURT: Let's turn back to page 10 of your jury

18 instructions, please, folks. Submitting case to the jury

19 at the bottom of page 10.

20 In just a few moments you'll be taken to the jury

21 room by the bailiff. The first thing you should do is

22 choose a foreperson who will preside over your

23 deliberations.

24 The foreperson should see to it that your

25 discussions are carried on in an organized way and that 776 1 everyone has a fair chance to be heard. It is also the

2 foreperson's job to sign and date the verdict form when

3 all of you have agreed on a verdict and to bring the

4 verdict form back to the courtroom when you return.

5 During deliberations jurors must communicate about

6 the case only with one another and only when all jurors

7 are present in the jury room. You are not to communicate

8 with any person outside the jury about this case.

9 until you have reached a verdict you must not talk

10 about this case in person or through the telephone,

11 writing or electronic communications such as a blog,

12 Twitter, e-mail, text message or any other means. Do not

13 contact anyone to assist you during deliberations.

14 These communication rules apply untilI discharge

15 you at the end of the case. If you become aware of any

16 violation of these instructions, or any other instruction

17 I have given in this case, you must tell me by giving a

18 note to the bailiff.

19 Many of you may have cell phones or other electronic

20 devices with you. The rules do not allow you to bring

21 your phones or any of those types of electronic devices

22 into the jury room during your deliberations. Kindly

23 leave those devices with the bailiff while you

24 deliberate.

25 If you need to communicate with me, send a note 777 1 through the bailiff signed by the foreperson. If you

2 have voted, do not disclose the actual vote in the note.

3 If you have questions, I will talk with the attorneys

4 before I answer so it may take some time. You may

5 continue your deliberations while you wait for my answer.

6 I will answer any questions, if I can, in writing or

7 orally here in open court.

8 During the trial items were received into evidence

9 as exhibits. You may examine whatever exhibits you think

10 will help you in your deliberations. The exhibits will

11 be delivered to you shortly.

12 In closing, let me remind you that it is important

13 that you follow the law spelled out in these instructions

14 in deciding your verdict. There are no other laws that

15 apply to this case. Even if you do not like the laws

16 that must be applied, you must use them. For two

17 centuries we've lived by the Constitution and the law.

18 No juror has a right to violate the rules we all share.

19 Let's go sidebar, please.

20 (Sidebar had as follows):

21 THE COURT: Any additional objections to the

22 instructions as read?

23 MR. FUCHS: No, sir.

24 MR. WAY: No. Just renewal of previous objections.

25 THE COURT: I think the only objection was on the 778 1 principal instruction, correct?

2 MR. WAY: Yes, sir.

3 THE COURT: My notes indicate Ms. Barney and

4 Ms. Barnes are our alternates. Are we in agreement about

5 that?

6 MR. FUCHS: Yes, sir.

7 MR. WAY: Yes, Your Honor.

8 THE COURT: We'll hold those two jurors and send the

9 others out to deliberate.

10 i want the attorneys to go through the evidence.

11 Make sure what's being sent to the jury room is what's

12 been properly placed into evidence. We need to be

13 particularly careful with the exhibits that were not

14 admitted. The clerk has to make sure those don't get

15 mixed in.

16 MR. FUCHS: Yes, sir.

17 THE COURT: You can be doing that while I talk to

18 the alternates. Anything else from either side?

19 MR. FUCHS: No, sir.

20 (Discussion off the record.)

21 THE COURT: Anything else?

22 MR. WAY: No, sir.

23 THE COURT: All right.

24 (Sidebar concluded.)

25 THE COURT: Ms. Barney and Ms. Barnes, you need to 779 1 remain here with us. The rest of you may step out to

2 begin your deliberations. Take your notepad, your pen,

3 your instructions. Even if you didn't make any notes,

4 you might want something to write on so take that with

5 you. we'll be sending you the evidence.

6 All right. You may step out with the bailiff.

7 (Jury exits.)

8 THE COURT: Ms. Barnes, Ms. Barney -- everybody be

9 seated, please, or you can step out.

10 we pick alternates in these cases. A lot goes into

11 getting these cases started. we don't want to have to

12 start all over again because we lose someone. we

13 actually had two situations during the course of the week

14 I thought we might lose a juror. It turned out we

15 didn't.

16 Y'all need to keep it down just a little bit.

17 I hope you don't feel like we wasted your time. As

18 I say, a lot goes into starting one of these cases. we

19 don't want to have to start all over again because we

20 lose someone. It is an important function for us that

21 there is still a slight possibility that we would have to

22 call upon you if some juror were to get indisposed before

23 we reach a verdict.

24 Because of that,I would ask that you do two things

25 for me: I would ask that you not discuss the case with 1 anyone until we get a verdict. You might get inquiry

2 from media, from friends or whatever. I would ask that

3 you just not discuss it until we get a verdict. I'll ask

4 the deputy to call you when we get a verdict and let you

5 know we have a verdict.

6 Once we get a verdict, you can discuss it or not as

7 you see fit. You don't have to stay here, although

8 you're welcome to stay here if you want to stay here and

9 see what happens. The deputy will find a comfortable

10 place for you to sit.

11 But if you want to go about your business, I would

12 ask that you give him a phone number where he can reach

13 you in an emergency. Like I say, you're welcome to stay

14 or you're welcome to go. we just need a way to contact

15 you in an emergency.

16 You can't go back in the jury room. Hopefully, the

17 deputy has gathered your personal effects. we do

18 appreciate your time and attention. I know that's a long

19 time to ask you to sit and then tell you you don't get to

20 take part. But it was very important to us and we

21 appreciate that.

22 Have you gotten their things, Jay?

23 BAILIFF: Yes, sir. I believe so.

24 THE COURT: All right. I'll let you step out.

25 You'll have to step out -- not through the jury room, 781 1 Deputy. ''ou can go out behind me here.

2 (Jurors exit.)

3 THE COURT: All right. Have the parties had a

4 chance to go through the evidence?

5 MR. FUCHS: Yes, sir.

6 MR. WAY: Yes, Your Honor.

7 THE COURT: Confirm that what's being sent to the

8 jury is what was properly placed in evidence?

9 MR. FUCHS: Yes, sir.

10 MR. WAY: Yes, Your Honor.

11 THE COURT: All right. Any issues from either side?

12 MR. FUCHS: No, Your Honor.

13 MR. WAY: No, Your Honor. Other than what's been

14 previously raised.

15 THE COURT: All right. I do appreciate the

16 professional manner in which both sides have conducted

17 themselves. It's been very aggressively but very

18 professionally presented. Makes my job a lot easier. So

19 for that I'm appreciative.

20 we'll be in recess until we hear from the jury.

21 MR. FUCHS: Your Honor, just so you're aware, I made

22 a copy earlier of my Power Point presentation for

23 supplementing into the record. I may go back and change

24 them, because based upon Mr. Way, I have to make a couple

25 of changes. So I'm going to go back, re -burn them and 782 1 then give them to the clerk.

2 THE COURT: All right. That will be good. Thank

3 you.

4 MR. FUCHS: And they're going to be marked -- how do

5 we want to mark those?

6 THE COURT: Court Exhibit whatever is next.

7 All right. we'll be in recess.

8 (A recess was had.)

9 THE COURT: we've received a question from the jury.

10 I believe each of you have been given a copy of it; have

11 you not?

12 MR. FUCHS: Yes, sir.

13 MR. WAY: Yes, Your Honor.

14 THE COURT: It says, What is a series of, quote,

15 act, end quote, question mark. Paren, series of related

16 actions, closed paren.

17 I've drafted a proposed response to the jury. I'll

18 read it and then I'll get your comment.

19 Dear Jurors, you have asked me about the statement

20 in the jury instructions, an act -- and act is in

21 quotations -- includes a series of related actions

22 arising from and performed pursuant to a single design or

23 purpose. That would be the end of the quote.

24 These terms do not have any special legal

25 definition. You should define these terms as you would 783 1 in everyday normal usage.

2 The explanation is given simply to say that the,

3 quote, act, end quote, might be a single act or it might

4 involve multiple acts. In the latter case, the multiple

5 acts have to relate to a, quote, single design or

6 purpose, end quote.

7 i hope this answers your question. If not, please

8 clarify what you're confused about with another question.

9 State?

10 MR. FUCHS: No objection, Your Honor.

11 THE COURT: Defense?

12 MR. WAY: No objection, Your Honor.

13 THE COURT: All right. We'll give that to the jury

14 and wait to hear further.

15 (A recess was had.)

16 THE COURT: Be seated, please, folks.

17 All right, we received a question from the jury.

18 believe each side was given a copy of it; is that

19 correct?

20 MR. FUCHS: Yes, Your Honor.

21 MR. WAY: Yes, Your Honor.

22 THE COURT: All right. The question, for the

23 record, says, if we find Denise guilty on Count 1, does

24 that mean she is guilty on Count 2 because Count 1 is a

25 criminal act, question? 784 1 I've written a proposed answer. Read this and then

2 hear your comments.

3 Dear Jurors, your question asks me to apply the

4 facts to the law. I cannot answer that type of question.

5 It is your job to decide the facts and apply the facts to

6 the law. However,I would remind you of the instruction

7 on page 10 that provides -- and this is just a quote from

8 our jury instructions on page 10 -- a separate crime is

9 charged in each count of the indictment. And although

10 they have been tried together, each crime and the

11 evidence applicable to it must be considered separately

12 and a separate verdict returned as to each. A finding of

13 guilty or not guilty as to one crime must not affect your

14 verdict as to the other crime charged. That would be the

15 end of the quote.

16 If that provision does not answer your legal

17 question, you will need to clarify your legal question.

18 Comments?

19 MR. FUCHS: I believe that's a correct statement of

20 the law.

21 MR. WAY: Yes, Your Honor. That's very well

22 written.

23 THE COURT: I did notice as I was reading this I

24 should have said as to the other crimes charged, because

25 there are more than two. But, anyway,I don't think I'm 785 1 going to get into changing it at this point in time.

2 That's the way the instruction was given, so...

3 Either side have objection?

4 MR.FUCHS: No, Your Honor.

5 MR. WAY: None from the defense.

6 THECOURT: Allright. We'll give that to the jury

7 and wait to hear further.

8 (Arecess was had.)

9 THECOURT: Be seated, please, folks.

10 Allright, we had an inquiry from the jury. I

11 believe you all have copies of it, do you not?

12 MR.FUCHS: Yes, sir.

13 MR. WAY: Yes, Your Honor.

14 THECOURT: Allright. It says, Could we have

15 Brian's testimony? Isit possible?

16 Ithink what they're thinking is that we'll just

17 give them a transcript, Obviously, we're not going to

18 just give them a transcript. From talking to the court

19 reporter, we're probably talking about, as a read back,

20 about three hours worth of testimony.

21 what I'm inclined to do is bring them in and tell

22 them that, you know, we can't give them a transcript. I

23 don't think that would be appropriate. We don't have

24 transcript to give them. But even if we could,Idon't

25 think it's appropriate to give them a transcript of trial 1 testimony.

2 That we can read back to them the testimony, but

3 that it will take about three hours worth of reading. If

4 they want that, we will do that. I'm not certain that we

5 would try to do that tonight. I may make the suggestion

6 that if we're going to do that, that we break for the

7 evening.

8 But tell them that if they want to narrow down what

9 it is they're wanting to hear, that we would be

10 interested in hearing what it is in particular they wish

11 to hear. And then send them out to see if, you know --

12 how they wish to proceed. And if they want to hear a

13 read back, hopefully, to give us a little bit more

14 guidance on what it is they want to hear.

15 The court reporter's have prepared it sufficient

16 that they can do a read back. But, like I say, it's

17 three hours worth. Obviously, they've got to break some

18 while they're reading it.

19 So,I mean, we're probably saying if we were to

20 start at seven o'clock with it. It would be ten o'clock

21 before we even finished a read back. I'm not sure I want

22 to have them start back deliberating at ten o'clock.

23 But, anyway, those are my thoughts. I'll hear from

24 y'all, what you think.

25 MR. FUCHS: That was actually exactly what my 787 1 thoughts were, sir. And I discussed with counsel.

2 THE COURT: Mr. way?

3 MR. WAY: Yeah, that -- Yes, Your Honor. That's

4 what we all came up with.

5 THE COURT: Okay. So I'm going to kind of make

6 those thoughts known to them. And it's going to be a

7 little free wheeling. I don't have a script here. And

8 then I'm going to send them back out to give us further

9 guidance as to what we want to do.

10 what I'll do is, before I send them back out, we'll

11 go sidebar. And if somebody has something additional you

12 want me to say to them, I'll give you the opportunity to

13 do so. Anybody have a problem with that procedure?

14 MR. FUCHS: No, sir.

15 MR. WAY: No, Your Honor.

16 THE COURT: All right. Let's have them.

17 Well, let me -- I mean, I'd assume everyone agrees

18 that it's not appropriate just to give them a transcript.

19 Are we in agreement on that?

20 MR. FUCHS: Yes, sir.

21 MR. WAY: Yes, Your Honor, I'd agree with that.

22 THE COURT: All right. Let's have them in, please.

23 (Jury enters.)

24 THE COURT: Well,I know y'all have been working

25 hard. yeZeJ

1 Everybody be seated, please.

2 I received your note. And let me -- I don't want

3 anybody to say anything or react in any way. what -- I'm

4 going to explain some things to you. And then I'm going

5 to let you all step back out and send us a note as to,

6 you know, how you wish to proceed. But I want to make

7 sure there's a couple of things that you understand.

8 First, if your note is -- if what you mean by your

9 question is whether we can give you a transcript of the

10 testimony, the answer is no, we cannot give you a

11 transcript of the testimony. That's not legally --

12 First, it's not practically possible. But it's not

13 legally appropriate for us to send testimony back to the

14 jury room with you in a written transcript. The Courts

15 would say that we were emphasizing that testimony over

16 some other testimony. So that's not a possibility.

17 You say, is it possible to have the testimony read

18 back to you. It is possible to have the court reporters

19 read the testimony back to you. But you need to

20 understand it is about three hours of testimony. Court

21 reporters are human, they need to -- they can't read

22 straight for three hours. It takes -- it's going to take

23 some breaks. So, you know, we're probably talking about

24 three, three and a half, maybe four hours of reading it

25 back to you to get it to you. That is possible. And if 789 1 that's what you want, we will in all likelihood do that.

2 Couple of, you know, other options. If y'all are

3 able to narrow down if there's some particular part that

4 you were wanting to hear. If you could give us a part or

5 parts, frankly, that you want to hear, we can, you know,

6 speed things up a little bit by that.

7 Frankly, if you want to hear it all,I would not be

8 inclined -- I'm not making a final decision -- I would

9 not be inclined to do that tonight.

10 I would probably, if that's what you want to do,

11 break for the night and have you all come back in the

12 morning. Because it's 6:35 now, you know, we're talking

13 about seven o'clock before we get started on that. we're

14 talking about it being ten or eleven o'clock before we

15 finish reading to you. And then sending you back out to

16 deliberate further. I don't think that's fair to

17 anybody. So what we would probably do is break for the

18 night and come back in the morning.

19 So, anyway, I kind of just throw those things out

20 for you so you kind of understand the situation a little

21 bit better. obviously, we don't want to have you having

22 a discussion here in the courtroom. But let me talk to

23 the attorneys just a second, make sure they don't have

24 something else they want me to indicate.

25 (Sidebar had as follows): 790 1 THECOURT: Anybody have a problem with what I've

2 said so far?

3 MR.FUCHS: The only thingIwould say, Judge, is to

4 tell them that if you they do elect to just have a

5 portion read back, that we could probably accomplish that

6 this evening. And let them know that that's where --

7 MR. WAY: we don't know until they tell us what.

8 MR.FUCHS: Agreed. But he was giving them an idea.

9 THECOURT: IthinkIwas pretty clear.

10 MR.FUCHS: Okay.

11 THECOURT: We're not going to do that tonight. You

12 have objection to what I'm saying?

13 MR. WAY: No,sir.

14 MR.FUCHS: No,sir.

15 (Sidebar concluded.)

16 THECOURT: Iguess the attorney --Ithink I've

17 said this, butI'llbe a little clearer. Maybe if

18 there's some portion -- if we can narrow it down to a

19 smaller portion of the transcript, we may be able to do

20 that tonight. But whatIwas saying is, if we're going

21 to do all of it or most of it, it's probably too late to

22 launch into that tonight.

23 So what I'd like you to do is step back out, you

24 know, draft me a note as to how you wish to proceed and

25 we'll wait to hear from you. All right. 791 1 (Jury exits.)

2 THECOURT: Anybody have anything else at this

3 point?

4 MR.FUCHS: No,sir.

5 MR.WAY: No,sir.

6 THECOURT: All right. We'll wait to hear.

7 (A recess was had.)

8 THECOURT: Be seated, please, folks.

9 I'm informed we have a verdict. Iknow that this is

10 an emotional issue for many of the people involved in

11 this. But, you know, this jury was drafted. They didn't

12 volunteer to be here. Iknow they've worked hard and

13 done the best they can. I'd be very offended if anyone

14 were to react in front of the jury. There shouldn't be

15 any reaction at all.

16 If you don't feel like you can abide by that,I

17 would suggest you step out. Iwould be very offended if

18 somebody acts out in front of the jury. Soif you don't

19 feel like you can, with dignity, accept whatever is said

20 by the jury -- andIdon't know what that is,I'llbe

21 learning about it at the same time -- you would do

22 everybody a favor and just step out.

23 we ready for a jury?

24 MR.FUCHS: Yes, Your Honor.

25 MR.WAY: Yes, Your Honor. 792 1 THE COURT: All right. Let's have a jury, please.

2 (Jury enters.)

3 THE COURT: Ms. Idlett, I see you with the papers in

4 your hand. Are you our foreperson?

5 MS. IDLETT: Yes, sir.

6 THE COURT: Has the jury arrived at a verdict?

7 MS. IDLETT: Yes.

8 THE COURT: would you hand it to the bailiff,

9 please?

10 State of Florida versus Denise williams. we, the

11 jury, find as follows as to Count 1 of the indictment:

12 The defendant is guilty of conspiracy to commit

13 first -degree murder.

14 A5 to Count 2, We, the jury, find the defendant is

15 guilty of first -degree murder.

16 we, the jury, find as follows as to Count 3 of the

17 indictment: The defendant is guilty of accessory after

18 the fact of first -degree murder.

19 It's been dated and signed by the foreperson.

20 Ms. idlett, did I accurately reflect the verdict of the

21 jury?

22 MS. IDLETT: Yes.

23 THE COURT: Either side wish to have the jury

24 polled?

25 MR. WAY: Yes, Your Honor. 793 1 THE COURT: All right. Polling means that I need to

2 confirm with each of you that this is your individual

3 verdict, as well as the verdict of the jury as the whole.

4 I'll start with Juror No. 1. is this your verdict,

5 as well as the verdict of the jury as a whole?

6 JUROR NO. 1: Yes.

7 THE COURT: Number 2?

8 JUROR NO. 2: Yes.

9 THE COURT: Number 3?

10 JUROR NO. 3: It is.

11 THE COURT: Number 4?

12 JUROR NO. 4: Yes.

13 THE COURT: Number 5?

14 JUROR NO. 5: Yes.

15 THE COURT: Number 6?

16 JUROR NO. 6: Yes.

17 THE COURT: Number 7?

18 JUROR NO. 7: Yes.

19 THE COURT: Number 8?

20 JUROR NO. 8: Yes.

21 THE COURT: Number 9?

22 JUROR NO. 9: Yes, Your Honor.

23 THE COURT: Number 10?

24 JUROR NO. 10: Yes.

25 THE COURT: Number 11? 794 1 JURORNO. 11: Yes.

2 THE COURT: Number 12?

3 JURORNO. 12: Yes, sir.

4 THE COURT: The jury has unanimously confirmed the

5 verdict. it appears to be in order. It will be filed.

6 This will conclude your service with us. we do

7 appreciate the time and the attention that you've given

8 us. Iknow this is a difficult duty, to come in and make

9 decision of this nature.

10 It's not appropriate for a judge to comment on a

11 verdict one way or another, so don't take my comments as

12 that. ButIdo appreciate the fact you came in and

13 worked hard, given us many hours of your time. For that,

14 we're appreciative.

15 Let me make you aware of one right that you have as

16 a juror. You have a right not to discuss your

17 deliberations. That doesn't mean you're prohibited from

18 talking about them. You can talk about them if you wish.

19 But it is possible someone would inquire of you. It's

20 possible they would inquire to find fault with what

21 you've done. You have every right to simply say, I'd

22 prefer not to talk about it.

23 AsIsay, that's your right. And if you desire to

24 talk, you're free to do so. we've taken up enough of

25 your time so we won't be in any long speeches. 795 1 Have you made arrangements to get them safely out of

2 the building, Deputy?

3 COURT DEPUTY: Yes, sir.

4 THE COURT: I will let you step out with the

5 deputies.

6 COURT DEPUTY: All rise for the jury.

7 THE COURT: I'll have the audience remain until the

8 jury's cleared the floor.

9 If y'all will let me know when you've cleared the

10 floor, please.

11 COURT DEPUTY: Yes, sir.

12 (Jury exits.)

13 THE COURT: All right. Everybody be seated.

14 Ms. williams is remanded to custody pending sentencing in

15 this matter. I know she's held without bond at this

16 point in time. Set a case management, Mr. Fuchs. I

17 think your next date is December 18th, next Tuesday.

18 MR. FUCHS: It will be Tuesday. Yes, Your Honor.

19 THE COURT: we'll set a case management date then.

20 Give you all a chance to discuss a sentencing date.

21 Does the defense request that we have a presentence

22 investigative report started?

23 MR. WAY: I would, Your Honor. And, respectfully,

24 is there any way we could do the case management perhaps

25 in early January versus -- 796 1 THE COURT: I mean, it's largely just to make sure

2 we have a date so y'all can start on getting the

3 sentencing date set.

4 MR. WAY: I'll find someone to cover for me.

5 THE COURT: What's that?

6 MR. WAY: I apologize. I scheduled something in

7 Jacksonville. But I'll make arrangements to get that

8 covered.

9 THE COURT: All right. And if you can communicate

10 with Mr. Fuchs, we'll work out a sentencing date.

11 MR. FUCHS: Yes, sir.

12 THE COURT: Madam Clerk, would you order a

13 presentence investigative report be ordered, please?

14 THE CLERK: Yes, sir.

15 THE COURT: Anything else from either side?

16 MR. WAY: Your Honor, may I waive Ms. Williams'

17 presence at the December 18th case management?

18 THE COURT: Certainly. Certainly. we don't need

19 her presence at the case management. we don't generally

20 have defendant's at case management. Although, I guess,

21 sometimes on the first -degree murder cases they do. So,

22 yeah, we'll waive her presence for then.

23 MR. WAY: Thank you, Your Honor.

24 THE COURT: All right. Anything else?

25 MR. FUCHS: No, Your Honor. 797 1 MR. WAY: No, Your Honor.

2 THE COURT: We'll be in recess.

3 (Proceedings in the matter concluded.)

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25 1 CERTI FICATE

2

3 STATE OF FLORIDA:

4 COUNTY OF LEON:

5 I, JOHANA KESTERSON, Official Court Reporter, do

6 hereby certify that the foregoing proceedings were taken

7 before me at the time and place therein designated; that my

8 shorthand notes were thereafter translated under my

9 supervision; and the foregoing pages are a true and correct

10 record of the aforesaid proceedings.

11 I FURTHER CERTIFY that I am not a relative,

12 employee, attorney or counsel of any of the parties, nor

13 relative or employee of such attorney or counsel, or

14 financially interested in the foregoing action.

15 DATED this 18th day of April, 2019. 16

17

18 ______L------Th 19 JQHANA KESTERSON OFFICIAL COURT REPORTER 20 LEON COUNTY COURTHOUSE TALLAHASSEE, FLORIDA 32301 21

22

23

24

25 CERTIFICATE OF CLERK

STATE OF FLORIDA

COUNTY OF LEON

I, Gwen Marshall, Clerk and Comptroller Leon County, Florida, do hereby certify that the foregoing page(s) of the inclusive contains the record DENISE WILLIAMS V. STATE OF FLORIDA and is a true and correct recital of all such papers and proceedings in said cause as appears in the records and files in my office that have been directed to be included in said record pursuant to the Florida Rules of Appellate Procedure.

In Witness Whereof, I have hereunto set my hand and affixed the Seal of said MAY 2, 2019.

GWEN MARSHALL CLERK AND COMPTROLLER LEON COUNTY, FLORIDA

BY: SHELBY L. MILLER Shelby Miller, Deputy Clerk