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State v. Willis6/30/2003
picked the defendant up at his apartment for work between 5:00 and 5:15 in the morning. He said he never went by the defendant's apartment at 3:30, 4:00, or 4:30 in the morning. Additionally, he said he never cleaned out the defendant's apartment. On cross-examination, he said he did not know Harold McCarver.
James Rittenberry, a Clarksville area taxi driver in September, 1990, testified that at 2:21 in the morning on September 9, 1990, he received a call for two fares from the Golden Jukebox. He said when he arrived at the Golden Jukebox to pick up his fares, he got out of his taxi and recognized ""Snake"" Frazier, Brenda Huggins, Gayle, and the victim in the parking lot. He said "Snake" had a bad reputation. He said he recognized the victim because he had previously seen her at Frazier's house. He said he heard Brenda Huggins say to Jamie, "Quit f---ing with "Snake" because she was "going to get hurt and get hurt bad." He said he then went into the bar, found his fares, and delivered them to their location. He produced documentation to that effect.
On cross-examination, he said he was sure he received the call at 2:21 because he knew how long it took him to get to the Golden Jukebox and he arrived there maybe between 2:25 and 2:30. He said he went to the Golden Jukebox a number of times throughout the week to pick up fares and he was familiar with "Snake" Frazier even before that night. He said he knew this occurred on the night in question because he went to work on September 8 and this happened after midnight. He said that he had previously gone to Frazier's house and the victim was there.
He said he did not see a Yugo at the Golden Jukebox on the night in question. He described the victim as being tall and slender and said he would be able to identify her from a picture. He subsequently identified her from a picture and, when asked why he was unable to do that previously, he said he did not have his glasses.
On redirect he produced a receipt for gas that showed an arrow pointing to the Golden Jukebox.
Joseph Lingauer, who was often known as "DeVito," testified that he was at the Golden Jukebox on September 8, 1990, and that he heard about a fight between "Kelly Elliott and Lorie Hamilton." He said he spoke with the victim outside the bar around 9:30 or 10:00 and then saw her again after the fight about 11:30 or 12:00. He said he had driven them to the store for cigarettes earlier in the evening . He said he left the Golden Jukebox by himself that night around 12:30 or 1:00.
On cross-examination, he said that he and the victim were only friends and that he actually knew her sister, Gina, better. He said he may have smoked one or two joints that night and probably drank two or three beers. He said he left the bar around closing time, despite the fact that some people said the fight was around 12:30 and 1:00, and also said he left about an hour to an hour and a-half after the fight. He then said he left around 1:00 to 1:30. On redirect, he said that Teresa Merchant was lying if said she talked to him around 2:20 or 2:30.
Gina Marable, the victim's sister, testified she told Detective Perry that her sister was wearing a black onyx ring with a big opal in it. She said she told the detective that her sister pawned a lot of jewelry. She said she was unaware of any problems between her sister and Brenda Huggins, but also said that Huggins was "a lot of talk and no walk." After being presented with some prior statements, Marable then said that the victim was afraid of Brenda Huggins but that the statement she was shown was made when Stephanie beat her up.
On cross-examination, she said she was very emotional when she
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