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State v. Willis6/30/2003
fendant told him he was embarrassed by having pubic hair samples taken from him.
McCutchen testified that the defendant told him he did not know "Snake" Frazier, but Frazier's name came up in their conversations. According to McCutchen, the defendant told him that Frazier had done some favors for the victim and that Dwayne Clawson got mad about it. He said the defendant told him he was at the Golden Jukebox with the victim and could have used words to the effect that they went to Joe B's together. He said the defendant described a party place near the barn in the Port Royal area. Additionally, he said the defendant told him he was aware of a man who was put in jail for twelve years for a crime he did not commit, which explained why he was scared to talk earlier.
He said his impression from the defendant was that the defendant met the victim at Joe B's, left to change clothes, went to the Golden Jukebox, and then back to Joe B's. He said the defendant "could have" told him that the Pancake House on Riverside was one of the places he went that night. He said the defendant did not tell him if anyone went to breakfast with him.
He said the defendant told him that no one else was going to talk to him and that he had already talked to a number of police officers and had his apartment, his truck, and his parent's home searched.
Kelly Jenkins was declared an unavailable witness. Therefore, his former testimony from the 1997 trial was read into the record. The evidence adduced was as follows.
He said he worked with the defendant in Elkton, Kentucky and knew that the defendant had a blue and gray Chevrolet pickup truck. He said that while talking with the defendant, the subject of the victim going missing and being found dead came up, and the defendant told him " hey would never prove nothing. They would never get a conviction." After that, Jenkins said he no longer associated with the defendant.
On cross-examination, he said he first reported this conversation to law enforcement in the summer of 1996. He said he was unaware of any reward at that time. He said he became aware of the reward later and knew of advertisements from flying planes, television reports, and general topic of discussion in the area. He said the discussion with the defendant occurred in 1990. He said he was aware the reward was up to $27,000. On redirect, he said he did not apply for the reward.
James Violette testified he was drinking with Mike Greenfield at the Port Royal job site around 2:00 or 3:30 on Sunday afternoon, September 9, 1990. He said he did not see any tire tracks. On cross-examination, he said there was other equipment at the job site and that the TBI came to him and told him to "come down here."
William Alley was recalled to testify. He said he did not see any tire tracks late in the afternoon, after 5:00 and before dark, on September 8, 1990, but he did see tire tracks at approximately 10:00 the next morning.
Teresa Carpenter, formerly Teresa Merchant, testified that she worked with Brenda Huggins in 1990 and that she was aware that Huggins had hard feelings for the victim because Huggins thought the victim was running around with "Snake" Frazier, Huggins' boyfriend. She said that Huggins had a bad temper and that one night she rode around with Huggins while they looked for evidence that the victim and Frazier might be together.
She said that on the night in question, she was playing cards with some friends when they went to get breakfast around 1:30 or 2:00 in the morning. They stopped at the Golden Jukebox while they were out. They rode in Cindy McClure's blue Yugo. She said she saw the victim in fr
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