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State v. Henderson

3/7/2001

knew that Griffin had left the bar with Appellants. Newman also stated that Dellinger told her that he and Sutton brought Griffin into the bar after he was released from jail, but Newman remembered that the group left at approximately 7:00 p.m. the prior evening.


Newman testified that Branam became "friendlier" with Dellinger after she consumed some alcohol and Dellinger subsequently became jealous when Branam began flirting with another man who was in the bar. Newman stated that Sutton subsequently attempted to get her to go with the three of them to look for Griffin, but she refused. She stated that Sutton then told her that her husband would be surprised when she ended up missing one morning. Newman saw Branam leave with Appellants at approximately 6:30 p.m.


James Gordon testified that while he was in the Clear Fork area of Sevier County at approximately 8:00 p.m. on February 22, 1992, he heard a high-pitched whistle sound in the nearby woods. When he looked into the woods, he saw a fire approximately two hundred yards away. Mr. Gordon stated that because he thought the fire was started by campers, he made no further investigation. However, at approximately 7:00 p.m. on February 28, 1992, he and his foster son were in the area of the fire and they found a burned vehicle that contained a body.


Barbara Gordon testified that the day after the fire, she saw a white truck coming from the scene of the fire that was traveling at a high rate of speed. She stated that the truck appeared to have two occupants.


Thomas Carter testified that while he and his children were fishing in the Blue Hole area of Blount County on February 24, 1992, his daughter informed him that a man was lying on the side of the riverbank. Carter stated that when he investigated and saw the man lying face down, he called 911. Carter stated that he could see that the man had a bloody wound on the back of his head.


Gary Hamilton of the Blount County Sheriff's Department testified that he went to the Blue Hole crime scene on February 24, 1992. Hamilton stated that he subsequently located the body and he also found two spent twelve-gauge shotgun shells and two empty beer cans by the body.


Dr. William Bass, an expert in forensic anthropology, testified that he had been called by the Sevier County Sheriff's Department to conduct an analysis of the scene where the body had been found in the burned car. Dr. Bass identified a photograph of the burned vehicle and stated that a body was found lying in the front seat. He stated that in light of his experience in investigating deaths, it appeared that an accelerant was poured in the vehicle due to the burn pattern. He testified that because the victim's arms and legs had been burned off and the skull had been cremated at the top, he determined that something would have had to have been added to the vehicle to present such a high amount of burning. Dr. Bass stated that the body was so extensively burned that he had been unable to determine a cause of death, however, a positive identification of the victim as Connie Branam had been made from dental records. Dr. Bass also stated that a rifle cartridge shell was found at the scene.


Gary Clabo, an arson investigator for the State of Tennessee, testified that he was notified of a fire involving an automobile and a dead body on February 28, 1992, and that he arrived at the scene at approximately 11:00 p.m. Due to the darkness, an officer guarded the vehicle that night, and Clabo began his investigation the next morning. Clabo testified that the vehicle was burned severely and the interior was almost totally destroyed. Following a detailed investigation, he concluded that the fire

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