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State v. Walls1/30/2004
Mary Jean Hall, an assistant manager at SunTrust Bank, testified that Glennia Fay Walls and Dennis Walls held a joint checking account entitled "Glennia Fay Walls or Dennis Walls." Both parties were authorized signatories on the account.
Defendant's grandmother, Glennia Faye Walls, testified that she did not give Defendant permission to take her checkbook or to use any of the blank checks contained in the checkbook. On cross-examination, Ms. Walls explained that Dennis Walls, her son, was a signatory on her checking account so that he could pay the bills associated with her farm or to take care of any emergencies that might arise. Ms. Walls said that she had given Defendant money before "from her purse," but did not give him blank checks to cash unless she was with him.
Ms. Walls said that some time after Christmas 2001, Ricky Hill, the owner of J & R Market, called Ms. Walls' daughter-in-law and asked her if Ms. Walls had given Defendant a check. Ms. Walls said that she had not given any checks to Defendant but paid the returned check in the amount of $100.00. Ms. Walls believed at the time that the check presented to Mr. Hill was the only check Defendant had tried to cash.
At trial, Defendant strenuously maintained, however, that his grandmother had given him the check book and told him to sign his uncle's name to the checks. In support of his contention, Defendant introduced a hand-written affidavit at trial bearing the purported signature of Ms. Walls and stating that "I Glennie Fay Walls say I give Michael Walls some checks and will pay the checks off I old and forget thing ." The affidavit was not notarized. Ms. Walls said that the signature on the affidavit presented by Defendant at trial was not hers. Ms. Walls explained that she signed her legal documents "Glennia Faye Walls," not "Glennia F. Walls." Ms. Walls also said that she did not write the letters "w" and "g" in the manner reflected on the affidavit.
Ms. Walls admitted that she was taking "Alzheimer's pills" and that she did not "think good." When asked, Ms. Walls could not say what day of the week it was but thought it was January. Defendant's trial actually took place in February. Ms. Walls was seventy-five years old and had lived in her own home until shortly before the trial, when she moved in with her daughter.
Trella Crawford, an assistant manager with Kroger's, testified that Defendant gave her a check signed by "Dennis Walls" in the amount of $25.00. The check was returned to the store by the bank because the signature did not correspond with Mr. Walls' signature on file at the bank. Ms. Crawford identified Defendant from a photographic line-up as the person who presented the check.
Ricky Hill said that he had known Defendant since he was born. Defendant gave him a check signed "Dennis Walls" in the amount of $100 and made out to "cash." Mr. Hill thought that the check was probably stolen because Defendant did not usually present checks signed by his uncle or grandmother. Nonetheless, Mr. Hill cashed the check, then called Defendant's grandmother. The check was eventually returned to the store because the signature on the check did not match the signature on the bank's authorized signatory card.
Brian Brewer, an officer with the Franklin County Sheriff's Department, found Ms. Walls' checkbook laying on the seat of Defendant's vehicle and loose checks scattered in the floorboard of the car. Officer Brewer found a check on Ms. Walls' checking account in Defendant's pocket. The check was made out to cash in the amount of $40.00, purportedly signed by Dennis Walls, and endorsed by Defendant on the back.
Dennis Walls testified
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