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Lanham v. Commonwealth

8/25/2005

How did that commode make that mark?


A: Well, I slipped in the tub and fell forward. I was trying to pries up the commode.


Q: Okay. Have you got any other marks on you?


A: Uh-uh.


Q: No other place. Any on your chest?


A: Marks?


Q: Yeah. What's that?


A: That's an old knife wound when I was (interrupted).


Q: What about new ones? You got anything?


A: No.


Q: Nothing? You have got some marks on your knuckles, some places on your knuckles, am I right? Am I right?


A: Yeah.


Q, And I would say they come from hitting her.


A: Uh-uh.


Q: Well, how did they get there? Phillip, don't lie to me. Phillip, you're wanting to tell me the truth but you're scared. Are you scared? What are you scared of? What's gonna happen to you?


A: Uh-huh.


Q: Well, I can tell you right now that what's gonna happen to you is not good because you're lying. When you lie you always get in more trouble. I mean, that's just the way life is. Everytime I lie, l get in more trouble.


A: No. I didn't, I didn't.


Q: You didn't what?


A: I didn't murder her.


Q: Who did? There was only the two of you there. She didn't murder herself.


A: She was stone-blind drunk.


Q: She may be, but you didn't have to beat her to death. You whipped her, you beat her, and she died from the beating. That's what the autopsy's going to show. The autopsy's going to show that you beat her and she died. All that blood in that house. Come on now. That's why you had to clean it up. You cleaned it up this morning where she was laying, where you found her.


A: No, sir.


Q: We're going tear that house apart. We're going to get everything. We're going to find blood on your clothes, probably. We know we found blood in the washing machine where you put stuff down in the washing machine to be washed. We know we found blood on the doors. There's blood in the bedroom. There's blood all over that house. And she's been beat to death. Now what's it look like? Don't take a mountain scientist, brain scientist, to figure out that somebody's not telling the truth here, does it? I mean I come in and look around and can see pretty much what happened. I'm trying to give you a chance to tell your side. If there was a fight, if she did anything to provoke you, I just want to hear it. If she didn't do anything to provoke you, if there was no fight, and you didn't beat the tar out of her, so be it. What was it? Did she ever hit you?


A: No.


Q: She never hit you. You just hit her.


A: No.


Q: You wanted to say "Yes" that time. You stood there and shook your head "Yes." You're wanting to tell me the truth, butyou're scared to tell me the truth. I understand this is bad times; but let me tell you, this is your only time. This ball game comes around one time. You better speak now. We're going to the grand jury. You don't want to be locked up for a murder one. If there's any circumstances of why you beat her up, we need to know it.


A: No. Everything's sort of blurred.


Q: You all were just "hunky-dory." Just good buds, huh? You hadn't been fighting. You didn't fight yesterday afternoon.


A: Uh-uh.


Q: You didn't fight last night. Did you?


A: Uh-uh.


Q: Did you fight this morning (interrupted).


A: No.


Q: When you got up? You just beat the tar out of her (unintelligible)?


A: Uh-uh.


Q: I

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