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State v. Henderson

3/7/2001

. On cross-examination, Dr. Maliyekkel stated that the discharge summary report reflected that when Branam left Lakeshore three days after being admitted, she appeared sober, was not psychotic or depressed, and had no suicidal ideation.


Carolyn Weaver testified that she had been Sutton's girlfriend in February of 1992. Weaver stated that she had seen Sutton and Dellinger at the home of Sutton's brother at approximately 7:00 p.m. on February 21, 1992. Weaver stated that Sutton had taken his car to be examined by his brother and that Sutton had borrowed his brother's truck because the radiator on Sutton's Camaro was broken. Weaver stated that she and both Appellants left at approximately 8:00 p.m. in a white pickup truck and went to Dellinger's home. Weaver stated that Griffin had not been with Appellants and that Griffin's trailer had definitely not been on fire when she and Appellants dove past it. Weaver stated that Appellants left Dellinger's residence at approximately 10:00 p.m. in order to get Griffin out of jail. Weaver stated that Appellants returned about midnight and there was nothing unusual about their dress at that time.


Weaver testified that she stayed with Sutton at Dellinger's trailer on the night of February 21, 1992, and she left the next morning with Linda Dellinger to do some shopping. When she returned, Appellants were gone. Weaver stated that Appellants returned at approximately 8:00 p.m. that evening and she and Sutton stayed with the Dellingers on the night of February 22, 1992.


Weaver testified that she had been to Griffin's trailer on occasion and she had noticed that it was not clean and that wires had been "hanging around." She also stated that she had seen holes in the stovepipe and a burned place in the floor. She stated that she knew that Griffin was afraid of his brother James Griffin because James had often beaten him up.


Tim Nichols, a volunteer fireman with the Sevierville Fire Department, testified that he was the head of the fire crew that answered a call for the fire at Griffin's trailer on February 21, 1992. Nichols testified that he had a conversation with Connie Branam that evening in which she stated that bad wiring might have caused the fire. Nichols stated that the trailer had been a total loss and that he did not call an arson investigator because he had no reason to suspect arson at that time. He also testified that he did not smell the odor of gasoline or any other chemical at the fire scene.


Captain Larry McMahan of the Sevier County Sheriff's Department testified that he acted as chief investigator in the Connie Branam case and that he assisted in the investigation of this case. McMahan testified that none of the items gathered at the scene where Connie Branam's body had been found, when tested, had resulted in fingerprints of Appellants being found. He also testified that dirt samples taken from the shoes of Appellants did not match samples of dirt taken from the scene where Branam's body was found.


On cross-examination, Captain McMahan testified that the shotgun that had fired the shells in this case had never been recovered. McMahan also admitted that he did not test the fingerprints of other potential suspects such as Bill Cogdill, Eddie Blair, or James Griffin for potential matches of prints taken from items found at the Connie Branam fire scene. He also stated that a partial tire track found at the Branam fire scene did not match the tracks of Dellinger's vehicle.


Charles Currier, a resident of the area near where Griffin's body was discovered, testified that it was not unusual to hear gunshots around that area because people often practiced shooting there. Katherine Turner,

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