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State v. Wilson8/2/2001
testified that he began interviewing Christein, but had to stop in order to interview the Defendant.
Smeltzer testified that, before he took a written statement from the Defendant, he obtained the Defendant's oral statement. He stated that the Defendant "appeared . . . a little anxious, but for the most part, relaxed and understood everything that was going on and all of [Smeltzer's] questions." After receiving the entire story from the Defendant, Smeltzer then wrote out the Defendant's statement and had the Defendant to verify and sign the statement in the presence of Lieutenant Necessary. Smeltzer further testified that, during his interview with the Defendant, he observed scratches on the Defendant's hands.
On cross-examination, Smeltzer testified that he knew that the Defendant and the other men had drank at least two twelve-packs of beer the night before the offense. He explained that he did not give the Defendant a blood test, urine test or breath test, because he did not see or interview the Defendant until several hours later the next day.
Smeltzer also explained that, at the time he was talking to the Defendant, the Defendant appeared normal. He further testified that he never asked the Defendant if the victim actually struck him or hurt him in any way, before the Defendant stabbed the victim. He also testified that he never asked the Defendant if he feared for his life or feared bodily harm. Smeltzer stated that he "felt like was very clear on what [the Defendant] was saying and meaning when he was saying it, and didn't feel the need to ask those kinds of questions." Smeltzer also stated that it was not his practice to write down the questions he asked a suspect or to write down answers to questions during the interview. He told the jury that it had been his experience that suspects in homicide cases become nervous when an officer writes while questioning the suspect. He also stated that it was not his practice to video tape or record statements. Smeltzer testified that, because of his methods, he had the Defendant sit beside him and go over the written statement as he wrote it down.
Detective Smeltzer also acknowledged that the Defendant had stated that his only interest in going to the Steele Creek Park was to get the marijuana Christein said was buried in the park. Smeltzer testified that from his interpretation of the Defendant's statement, it was clear that the Defendant was involved in the plan to rob the victim.
Detective Debbie McCaulie of the Bristol Police Department testified that she was called to assist in the investigation of the death of the victim. She stated that she met with Kim Bolling on April 5, 1999 to retrace the route Ms. Bolling and the victim had taken on the previous night. McCaulie testified that the first location was Big Creek, and that they drove into Big Creek until the road ended. At the end of the road, McCaulie noticed a burned out campfire and Natural Ice beer bottles laying around the campfire area. Next, McCaulie testified that Bolling stopped at a concrete bridge, located about four tenths of a mile away from the first location. At the bridge, McCaulie observed scratches on the bridge, "a tire track that ran directly off of the bridge," a Natural Ice beer bottle, and an empty Natural Ice box.
McCaulie testified that as she and Ms. Bolling continued to travel out of the Big Creek area, Bolling stopped at a third location on Lakeview Dock Road where McCaulie found what appeared to be a fresh cigarette butt with the ashes on the end of it. McCaulie told the jury that, on a different day, she also visited these same three locations with Brandon Alford.
Detective McCaulie further
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