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State v. Williams4/17/2002
e had gone to school with the victim. He reported that at approximately 11:00 p.m. on the night of the crime, he went to J.T.'s Lounge, where he saw the victim and later witnessed the shooting. Mason recalled that he was standing outside of the lounge, approximately five to ten feet from the club, when he heard the first shot. He stated that when he heard gunfire, he ran behind a car for protection and watched the crime take place. Mason reported that the Defendant first fired " close gunshot in the stomach" and immediately afterwards, fired five more shots "to the [victim's] head." He testified that after the first shot, he saw the victim lying down and the Defendant "standing over [the victim] with the gun." Mason recalled that the victim was still alive after the first gunshot and tried to cover his face with his hands to protect himself. He recalled that the entire incident spanned approximately two minutes. Mason testified that he did not hear the Defendant or the victim say anything during the shooting, but he reported that as the Defendant left the scene, he said, "Look at you now." He recalled that the Defendant then walked across the street, got into a car, and drove away. Mason stated that he did not see anything in the victim's hands during the shooting, but he testified that he was able to see the Defendant's gun, which he reported was a .357 caliber handgun. Finally, Mason testified that although he had referred to the shooter as the Defendant in court, he did not know the Defendant and could not recognize the shooter in court or at the time of the crime.
On cross-examination, Mason testified that the Defendant shot the victim from a distance of approximately two feet. He stated that prior to the first shot, the victim's hands were "down" and that after the first shot, the victim raised his hands over his head "like he was begging for his life." Mason also testified that no one was outside of the lounge when the shooting began, but that after the first shot was fired, "everybody all came outside the club." He estimated that "close to 100" people exited the club after hearing the gunshots.
On redirect examination, Mason admitted that he told police immediately after the crime that the Defendant shot the victim from a distance of four to five feet. He also admitted that immediately after the crime, he told police that he "didn't hear nothing," despite his testimony on direct examination that he heard the Defendant speak to the victim after the crime. Mason stated, however, that his testimony as to the details of the crime was based on his best recollection, and he pointed out that the trial took place nine years after the crime was committed.
Wilma Hayden testified that her father, Willie James Hayden, Sr., was a security guard at the time of the crime. She stated that Mr. Hayden died in 1995 of bone cancer, and she reported that her father was taking medication for his illness in 1991. Martha Jackson, a court reporter administrator for the criminal courts of the State of Tennessee, testified next. She testified that at the request of the State, she had retrieved a transcript of Mr. Hayden's testimony on June 30, 1992. The State then entered into evidence a cassette recording and a transcript of Mr. Hayden's testimony containing the following information: Mr. Hayden testified that he was working as a security guard at J.T.'s Lounge on the night of the crime in this case. Hayden testified that he was standing four to five yards or less from the spot where the shooting occurred. He stated that he heard the first shot and turned to see the victim, who had nothing in his hands, collapsing against a wall while being shot. Hayden testified that he then heard several more shots in
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