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State v. Henderson3/7/2001
surrounding area and the shells found near Griffin's body had been fired from the same shotgun.
Joseph Mason, firearms expert employed by the United States Treasury Department, testified that he had examined the shell casings that were recovered during the investigation of this case. Mason stated that he had determined that seven of the twelve-gauge shotgun cartridges delivered to him for examination were fired from the same shotgun, including two shells found near Griffin's body.
Detective Widener was recalled to testify that he had interviewed both Appellants and that he had recorded the interviews. Sutton's tape recorded statement was then played for the jury, but after listening to it, the jury informed the trial court that they had been unable to glean anything from the poor recording. Detective Widener then testified during a jury-out hearing that he had examined the transcript of the statement and that the transcript was accurate. The transcript of Sutton's statement was then submitted to the jury.
On cross-examination, Detective Widener admitted that both Appellants had maintained their innocence throughout their entire interrogation and statements. When questioned about witnesses' recollection of the type of Camaro they saw on the Alcoa Highway on the night of the murder, Widener admitted that their description might not have matched the exact model of the Camaro owned by Sutton. Widener also stated that he had been told that Dellinger was like a father to Griffin and that Sutton was like a brother to him. He admitted that evidence showed that Dellinger had bailed the victim out of jail on numerous occasions. He also stated that Dellinger had given him an unusual amount of detail concerning a dark-haired woman with whom he had last seen the victim and that Sutton had given an identical description.
Mark Turner, Director of the Narcotics Unit at the Sevier County Sheriff's Department, testified that he saw Sutton on March 2, 1992, driving a 1984 Camaro with a large hood scoop and only one headlight in working condition.
Numerous witnesses testified on the behalf of Appellants that they had previously shot shotguns at Dellinger's property and that Griffin had been friends with both Appellants.
Dr. Wayne Stewart, a family physician, testified that he had treated Connie Branam as a patient and that on one occasion he treated her for injuries related to an assault committed by Jack Sutton. Dr. Stewart stated that he had treated Branam for numerous ailments including severe sinusitis, recurring abdominal camps, and grief over the loss of her father and worry over the medical condition of her mother. He also stated that he had treated Branam for panic attacks and acute grief and had prescribed valium, xanax, and vicodan on occasion.
Matthew Cubberley, patrolman for the Sevier County Sheriff's Department, testified that on February 10, 1992, he was called to the home of Connie Branam on a report that Branam had taken an overdose of drugs. Cubberley stated that when he arrived at the scene, Branam attacked him and he arrested her for assault and took her to the emergency room. Cubberley also stated that Branam was transported to a mental institution for a few days, and that the assault charges were subsequently dropped.
Dr. Ittoop Maliyekkel, psychiatrist at Lakeshore Mental Health Institute, testified that he treated Connie Branam when she was transported to the Lakeshore facility and that she suffered from acute depression. Dr. Maliyekkel also testified that a different drug other than the one she overdosed on was found in Branam's urine drug screen and that he warned her that mixing medications could be fatal
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