Die, Grandpa, Die by Dale Hudson

Author:Dale Hudson
Language: eng
Format: epub
Publisher: Kensington
Published: 2011-10-03T16:00:00+00:00

Darrell Duncan, Cherokee County law enforcement officer, was the first prosecution witness to take the stand. Duncan had helped to coordinate getting enough people in place for the search, making sure the K-9 team and SLED’s helicopter were sent to the correct area.

The last two witnesses, Lucinda McKellar and Scott Williams, were the two officers who interviewed Christopher when he confessed to the murders. Everything they had to say about Christopher would be repeated again at trial.

When McKellar was asked had there been any further investigation of the case, she said she had traveled to Florida after learning about an incident involving Christopher and a bull. In the incident report that she had obtained about the bull, police had mentioned in the narrative that prior to this incident Christopher had used a BB gun to shoot and cause damage to a neighbor’s mobile home. McKellar talked to the owner of the bull, who said Christopher and his playmate’s throwing the dart into the bull was no schoolboy prank. It was a vicious act that required a police officer before the dart could be removed from the bull’s throat.

Solicitor John Meadors began his counterargument with information about Christopher’s “voluntary statement.” He told the judge how both officers described his demeanor.

“You know, they said it was like an adultlike conversation. I think that is fair and accurate. They were sitting there talking. They didn’t have a problem talking to each other. He had described someone killing his parents and can respond and tell them, says he was under control.

“And, at this final statement, Judge, the issue as to voluntaries, which we think is the only thing relevant in this hearing. He understood his rights. They offered to get him a lawyer. They offered to call the parent and the guardian. Actually, his guardians were dead. His guardians are Joe and Joy Pittman. He didn’t ask for anybody to call them. He killed them.”

Paul Waldner challenged the officers and tried to poke holes in their stories. He accused them of taking advantage of Christopher in a vulnerable situation, violating his rights, and using their positions and training to elicit a confession. “[Christopher was] a twelve-year-old, a sixth grader,” Waldner argued. “Someone who can’t even watch a PG-thirteen movie without an adult’s consent; that that age is, we would submit, a very serious consideration in this case.”

Judge Pieper’s opinion, however, was that Christopher had the ability, in spite of his age, education, mental capacity, as well as the medication he was taking at the time, to understand the nature and meaning of his statements, as well as the effect of any waiver of his rights.

“The defendant’s statements were freely and voluntarily made without promise, duress, coercion, or influence. That is the preliminary determination by the court.

“The first two statements were made when the defendant was not in custody, and the third was made while he was in custody. And I find that in regard to any statement made while the defendant was in custody

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