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State v. Willis6/30/2003
was wrongfully looking in the parking lot for his motorcycle, and concluded that the defendant went off and left him. He said he had very little memory of that evening in the early morning hours because he drank so much and smoked marijuana. He testified he went home with three ladies, passed out, and the next thing he remembered was being called down by Robertson County for questioning about the victim. He said he was interviewed by both Robertson County and the TBI and characterized the attitude of law enforcement was that he was covering up. He said that the victim's family did not pressure him and that any pressure came from law enforcement.
On cross-examination, Mr. McCarver testified that he first saw the defendant that evening at the Golden Cue but that he was not sure whether the defendant was at his home earlier in the evening watching football. Additionally, he testified about the pressure he felt from law enforcement, how they did not seem to believe he could have gotten as drunk as he said he was, and how he felt they thought he was involved (in the murder). He said he lost his job as a fire investigator due to this investigation.
On redirect, he said he spoke with the defendant after the investigation began, and the defendant told him that he told "them" that he was with him all that night. He said the defendant was not with him all night. On recross, he said that Robertson County led him to believe the defendant used him as an alibi but that the defendant never asked him to be an alibi.
Judy Kennedy, the defendant's landlord in 1990, testified that she rented him the basement apartment. She said that after the victim's body was found, the defendant did not stay at his apartment. She said she had a pass key but, at that time, was unable to get into his apartment with it. Afterwards, she said the defendant called to tell her he was moving and to tell her where a spare key was. She then gained access to his apartment.
She said she remembered a day the police came to search the defendant's apartment and that earlier that day, before the sun came up, she observed that someone had been in his apartment. She said she heard water running, and this was maybe a week or two after the defendant had been gone. She said it was 3:30 in the morning, and she saw a truck belonging to the defendant's friend, Bill, in the defendant's parking place. She said two people left around 6:00 or 6:30. She said the water would run and stop during the time they were in the apartment.
Ms. Kennedy said that a search occurred at the apartment around 2:00 in the afternoon, and she spoke with the defendant. She said the defendant told her that somebody would be searching his apartment and that his friend, Bill, had pneumonia. She said she thought it was strange that someone with pneumonia would be downstairs running water. After the defendant moved out, she said she went back to repaint the concrete block shower. She said the shower had been painted around five times yet, when she inspected it after the defendant moved out, it was stripped down from paint and you could see the cement. She said she had never stripped the paint.
On cross-examination, Ms. Kennedy testified that the defendant was a good tenant who took care of his place and did not tear anything up. She said that Bill was a friend of the defendant's who visited the apartment at times. She said that anytime water would run in the defendant's apartment, when the toilet flushes, or the bathroom or kitchen sinks are use, she could hear it.
Eric Waye, a friend of Lisa Zinkowski, testified that he was a regular at the Golden Jukebox in 1990 and, on September 8, 1990, he was first introduce
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