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State v. Willis6/30/2003
d to the victim by her sister. He remembered there being a fight that evening, probably around 1:30. He said Lisa was slightly hurt, so they went outside and sat on a rock wall located outside the bar where Lisa told him what had happened. He said the victim was also sitting on the wall. He said that when he left the wall around 2:25 or 2:30 to find his ride, the girls were still on the wall talking. He did not know what they were talking about. He said that he found Mr. Davenport, his ride, and that when they left the bar, he did not see Lisa or the victim, although he said he was not looking for them. He said that when he was sitting with Lisa and the victim, he believed he remembered a small car drive up with four women in it, screaming at someone. He said he never saw the victim again after he went into the bar and found Mr. Davenport.
On cross-examination, he said he did not see the defendant outside the bar at anytime he was outside with the victim. He said while with the victim, another man walked up who was inebriated and was sticking his hand in his (Waye's) face wanting to make up. He said that the victim was encouraging him to make friends with the man and that he was not sure what happened to that man. He was unaware if anyone else came up to talk to the victim, except for the women yelling from the small car.
Nancy Dudley, also known as Nancy Williams, lived about six houses down from the defendant in September 1990. She said she was a good friend of the victim and an acquaintance of the defendant. She said she knew the defendant drove a big gray truck and that the truck was not parked in front of the apartment when she came home from a friend's house around 4:20 or 4:30 a.m. on the night in question.
On cross-examination, she said she did not check a clock but thought she left her friend's around 4:00. Referring to the relationship between the victim and the defendant, Ms. Dudley said she would say "they were pretty good friends." She said that on one occasion when she was with the victim at the Eagle's Roost bar, she saw Brenda Huggins saying things to the victim in a "highly disputed" conversation. She did not know if the subject of that was "Snake" Frazier. Additionally, she said one night she and the victim picked up the defendant in order to go to the Golden Cue, and when they stopped at Texas East, she witnessed an argument between the victim and her boyfriend, Dwayne Clausen. When she was presented with past statements she made to the investigators about witnessing the fight between the victim and Clawson and about the victim spending the night once at the defendant's, she said she could not recall making those statements.
On redirect, she said the truck was not gray, but gray and blue.
Traci Presley was playing cards with friends, Teresa Carpenter, Cindy Lyle (Coggins), and Cindy McClure, on the night of September 8, 1990. At approximately 2:00 in the morning , they drove in McClure's blue Yugo to get breakfast. After breakfast, she said they went to the Golden Jukebox, probably between 2:15 and 2:30, and the victim came over to talk to Teresa Carpenter. She said the victim was telling Carpenter that her ride left her, "that Brian f---ing left her." She said she could tell the victim had been drinking, and her speech was a "little slurish." Ms Presley said Teresa went inside the bar, the victim ultimately went around a corner of the building, and that was the last she saw of the victim.
On cross-examination, Ms. Presley said she never saw the victim get into anybody's car and never saw the defendant at all. She said she told the TBI that the victim additionally said, "Brian left me." She said she remembered telling Detec
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