In a 6-3 decision Friday, the court ruled that the Pleasant Glade Assembly of God's efforts to cast out demons from the girl presents a dispute over religious conduct that would unconstitutionally entangle the court in church doctrine.
A 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl, then 17. The jury awarded her $300,000 for mental anguish, but the 2nd Court of Appeals in Fort Worth shaved $122,000 from the verdict for loss of future income.
The church then raised the question of whether the Fort Worth appeals court erred when it said Pleasant Glades' First Amendment rights regarding freedom of religion do not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."
A majority of the high court agreed with the church. Justice David Medina wrote that while the young woman's secular injury claims might "theoretically be tried without mentioning religion, the imposition of tort liability for engaging in religious activity to which the church members adhere would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."
But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. States Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct, the Fort Worth Star-Telegram reported in its online edition Friday.
"The First Amendment guards religious liberty; it does not sanction intentional abuse in religion's name," Jefferson wrote.
The young woman testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help.
But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she had "freaked out" about following her father's life as a missionary and was acting out to gain attention.
After the 2002 verdict, Pleasant Glade merged with another congregation in Colleyville, a Fort Worth suburb.
Sunday, December 14, 2008
Fort Worth Woman Fondled by Man Posing as Police Officer
Investigators said a man posing as a police officer sexually assaulted a woman Tuesday night in Fort Worth, Texas The woman told police the man pulled her over near the Interstate 20 and Highway 183 split in the Hulen area and frisked her, alleging she was suspected of Driving While Intoxicated. Fort Worth police said the man "took it over the line and was fondling her breasts."
"He's absolutely an imposter, and we're very interested in getting this person apprehended," he said. Police said it's highly unusual for a police officer to pat down a citizen on a simple traffic stop if an arrest is not forseeable. The victim said the phony cop came at her more than once. The woman knew something wasn't right from the beginning. He was not wearing a traditional police officer's uniform and his badge didn't seem proper.
"Our suspect approached from the driver's side didn't ask her for a driver's license or insurance or anything like that that's normal," police said. "He ordered her out of the vehicle, told her that he thought she had been drinking and that he was going to search her car and that's what he did. He then patted her down, which included fondling her breasts." The victim couldn't give police a good description of the man's car but said it had a flashing blue light.
Police said if people in Tarrant County have doubt during a stop, they should stay in their car and dial 911 to confirm it is a legitimate traffic stop.
Saturday, December 13, 2008
Arrest Records Incomplete in Texas
More than a third of criminal records are missing from the online Department of Public Safety database available to the public, a Fort Worth company found in a study.
Even government agencies, which have access to more detailed criminal records to screen teachers, doctors, volunteers and tradespeople, use a DPS system fraught with gaps, officials and experts said.
Problems exist because of human error and because of spotty reporting from law enforcement agencies, courts and district attorneys that provide information.
Even records of Death Row inmates are missing from the public database, according to the study by Imperative Information Group, a Fort Worth background investigation company. The company studied 562 felony and misdemeanor cases.
"We know that the data is not very reliable," said Mike Coffey, president of Imperative. "There’s a false sense of security that this criminal background check is going to be effective."
The public database lists reported convictions, and those are listed only after DPS has received complete records, from arrest to final disposition of the case.
Government agencies and others authorized by the Legislature, such as private schools and nursing homes, can view more detailed information, including arrests and open cases. But agencies often look only for convictions, Coffey said.
"I don’t believe that . . . agencies are chasing down arrests or nonconviction data to see if there is more [information] at the county," he said.
And even if they check the more detailed secure database, there may be gaps in it as well, such as when a conviction is not reported, a DPS official said.
Past problems
Tela Mange, a DPS spokeswoman, said such problems aren’t new. Some counties report as little as 17 percent of convictions to DPS.
"It’s been going on for a number of years," she said. "There’s nothing we can do to force them to fix that problem."
Statewide, local agencies reported 747,216 criminal charges to DPS, according to 2006 statistics, the most recent year available; 69 percent of those were listed as completed.
DPS has no way of knowing how many of the missing dispositions were convictions or might reflect dropped charges or acquittals.
Mike Vaughn, a criminal justice professor at Sam Houston State University, said similar problems, including typos and erroneous information, have been found in the Texas Crime Information Center. The center is a separate database that provides law enforcement agencies with information about stolen property, wanted and missing people, sex offenders and other information.
"Any time you have human beings entering data, you’re going to have mistakes," Vaughn said. "I think there needs to be more people assigned to the tasks if we’re going to rely on these systems. The government has obligation and a duty to make sure the systems are accurately reflecting the criminal histories of people within the database."
The Texas Medical Board, which is aware of limitations of the DPS database, uses several additional screening methods to check the criminal history of applicants for medical licenses.
It also uses FBI criminal history reports, queries of other states’ sex offender lists and various other databases to verify applicants’ professional character, Jaime Garanflo, director of licensure, said in an e-mail.
"Because of the multiple queries that we do, we are able to compare findings and identify discrepancies," Garanflo said. "Limitations such as these are always a concern, but we do the best we can. . ."
Reporting and tracking
At the time of an arrest, a tracking number is supposed to be assigned, and all information, along with fingerprints, is supposed to be reported to DPS within seven days. As the case moves through the criminal justice system, county officials are required to provide updates to DPS.
Prosecutors have 30 days to report action taken on the offense, and court clerks have 30 days to report the final disposition.
Tarrant County system
The Tarrant County district attorney’s office has 43 agencies that routinely submit cases for review and filing, Tarrant County prosecutor Miles Brissette said.
Each has the option of using more reliable electronic filing or the older paper forms to submit cases. The Sheriff’s Department, for example, electronically communicates arrest information, spokesman Terry Grisham said.
The district attorney’s office updates information to DPS every day at midnight. Upon completion of a felony case, information is sent by the district clerk’s office to DPS. For misdemeanors, the county clerk uploads the information to Austin.
"The days of fingerprint ink on a prisoner are really going away by the wayside," Brissette said.
In Tarrant County, 49,029 charges against adults were reported to DPS in 2006, and 80 percent of those were reported completed, according to the agency.
Imperative examined 62 Tarrant County cases in the public database, and found that 43.5 percent had records missing. The study was done in October.
Online: To check the DPS criminal history database, go to: records.txdps.state.tx.us. Each record search costs about $3, plus fees.
Even government agencies, which have access to more detailed criminal records to screen teachers, doctors, volunteers and tradespeople, use a DPS system fraught with gaps, officials and experts said.
Problems exist because of human error and because of spotty reporting from law enforcement agencies, courts and district attorneys that provide information.
Even records of Death Row inmates are missing from the public database, according to the study by Imperative Information Group, a Fort Worth background investigation company. The company studied 562 felony and misdemeanor cases.
"We know that the data is not very reliable," said Mike Coffey, president of Imperative. "There’s a false sense of security that this criminal background check is going to be effective."
The public database lists reported convictions, and those are listed only after DPS has received complete records, from arrest to final disposition of the case.
Government agencies and others authorized by the Legislature, such as private schools and nursing homes, can view more detailed information, including arrests and open cases. But agencies often look only for convictions, Coffey said.
"I don’t believe that . . . agencies are chasing down arrests or nonconviction data to see if there is more [information] at the county," he said.
And even if they check the more detailed secure database, there may be gaps in it as well, such as when a conviction is not reported, a DPS official said.
Past problems
Tela Mange, a DPS spokeswoman, said such problems aren’t new. Some counties report as little as 17 percent of convictions to DPS.
"It’s been going on for a number of years," she said. "There’s nothing we can do to force them to fix that problem."
Statewide, local agencies reported 747,216 criminal charges to DPS, according to 2006 statistics, the most recent year available; 69 percent of those were listed as completed.
DPS has no way of knowing how many of the missing dispositions were convictions or might reflect dropped charges or acquittals.
Mike Vaughn, a criminal justice professor at Sam Houston State University, said similar problems, including typos and erroneous information, have been found in the Texas Crime Information Center. The center is a separate database that provides law enforcement agencies with information about stolen property, wanted and missing people, sex offenders and other information.
"Any time you have human beings entering data, you’re going to have mistakes," Vaughn said. "I think there needs to be more people assigned to the tasks if we’re going to rely on these systems. The government has obligation and a duty to make sure the systems are accurately reflecting the criminal histories of people within the database."
The Texas Medical Board, which is aware of limitations of the DPS database, uses several additional screening methods to check the criminal history of applicants for medical licenses.
It also uses FBI criminal history reports, queries of other states’ sex offender lists and various other databases to verify applicants’ professional character, Jaime Garanflo, director of licensure, said in an e-mail.
"Because of the multiple queries that we do, we are able to compare findings and identify discrepancies," Garanflo said. "Limitations such as these are always a concern, but we do the best we can. . ."
Reporting and tracking
At the time of an arrest, a tracking number is supposed to be assigned, and all information, along with fingerprints, is supposed to be reported to DPS within seven days. As the case moves through the criminal justice system, county officials are required to provide updates to DPS.
Prosecutors have 30 days to report action taken on the offense, and court clerks have 30 days to report the final disposition.
Tarrant County system
The Tarrant County district attorney’s office has 43 agencies that routinely submit cases for review and filing, Tarrant County prosecutor Miles Brissette said.
Each has the option of using more reliable electronic filing or the older paper forms to submit cases. The Sheriff’s Department, for example, electronically communicates arrest information, spokesman Terry Grisham said.
The district attorney’s office updates information to DPS every day at midnight. Upon completion of a felony case, information is sent by the district clerk’s office to DPS. For misdemeanors, the county clerk uploads the information to Austin.
"The days of fingerprint ink on a prisoner are really going away by the wayside," Brissette said.
In Tarrant County, 49,029 charges against adults were reported to DPS in 2006, and 80 percent of those were reported completed, according to the agency.
Imperative examined 62 Tarrant County cases in the public database, and found that 43.5 percent had records missing. The study was done in October.
Online: To check the DPS criminal history database, go to: records.txdps.state.tx.us. Each record search costs about $3, plus fees.
District Judge Jailed for DWI
A Tarrant County criminal district judge was jailed Saturday on suspicion of driving while intoxicated after an Alvarado police officer stopped her for speeding.
Judge Elizabeth Berry was driving a gray Volvo sport utility vehicle on Interstate 35W around 4 p.m. Saturday when she was stopped for traveling 92 mph in a 65-mph zone, Alvarado Police Chief John Allen said.
An officer spotted empty beer cans in Judge Berry's vehicle during the traffic stop, and she appeared to be intoxicated, Chief Allen said. Officers at the scene reported that Judge Berry refused to let them conduct a field sobriety test.
Judge Berry, 43, who presides over Criminal District Court 3, was taken to the Johnson County Law Enforcement Center in Cleburne, where she refused a breath alcohol test.
Officers obtained a warrant to take a sample of Judge Berry's blood hours after her arrest, but the results won't be available for a few days, Chief Allen said.
On Tuesday, a bailiff in Judge Berry's courtroom referred a call about the arrest to her attorney, Mark Daniel.
Mr. Daniel's office issued a written statement saying, "Judge Berry is a very highly respected judge. We are presently doing our own investigation. It is my belief that this matter will likely be determined to be unfounded."
Judge Berry, a Republican, was elected in 2003.
Judge Elizabeth Berry was driving a gray Volvo sport utility vehicle on Interstate 35W around 4 p.m. Saturday when she was stopped for traveling 92 mph in a 65-mph zone, Alvarado Police Chief John Allen said.
An officer spotted empty beer cans in Judge Berry's vehicle during the traffic stop, and she appeared to be intoxicated, Chief Allen said. Officers at the scene reported that Judge Berry refused to let them conduct a field sobriety test.
Judge Berry, 43, who presides over Criminal District Court 3, was taken to the Johnson County Law Enforcement Center in Cleburne, where she refused a breath alcohol test.
Officers obtained a warrant to take a sample of Judge Berry's blood hours after her arrest, but the results won't be available for a few days, Chief Allen said.
On Tuesday, a bailiff in Judge Berry's courtroom referred a call about the arrest to her attorney, Mark Daniel.
Mr. Daniel's office issued a written statement saying, "Judge Berry is a very highly respected judge. We are presently doing our own investigation. It is my belief that this matter will likely be determined to be unfounded."
Judge Berry, a Republican, was elected in 2003.
Man on Trial for video of toddlers smoking Marijuana
FORT WORTH — The amateur video is eye-catching.
Two men are seen laughing as they light what looks like a marijuana cigarette for two toddlers and hold it to their mouths. The little boys are shown coughing and stumbling.
And the two men ask the children whether they "have the munchies" and call them "potheads."
That video seized from a Watauga home by police last year could be one of the key pieces of evidence against Vanswan Polty, 20, who goes to trial Tuesday, accused of being one of the young men who badgered the 2- and 4-year-old boys to smoke the marijuana.
Jury selection is scheduled to begin Tuesday in Criminal District Court No. 2 in Fort Worth.
Prosecutors are trying Polty on a charge of engaging in organized criminal activity, a felony that carries a stiffer penalty than charges of injury to a child.
If convicted on injury charges, Polty would have faced a maximum of 10 years in prison on each count. If he is convicted of engaging in organized criminal activity, Polty will face a maximum sentence of life in prison.
He is accused of committing several burglaries in Tarrant County last year just before the video was made. The incident involving the toddlers will be used in the trial, authorities said.
Tarrant County Assistant District Attorney Darrell Davila declined to comment on the pending trial.
"I intend to defend him to the best of my ability," said Timmie White of Fort Worth, Polty’s attorney.
In July, Demetris McCoy, 18, the other young man seen in the video giving the marijuana to the toddlers, reached an agreement with prosecutors and pleaded guilty to two charges of injury to a child/causing bodily injury. He was sentenced to eight years in prison.
As part of the agreement, McCoy will testify against Polty. The toddlers are McCoy’s nephews.
White said he doesn’t know what McCoy will say in court.
"I will point out to the jury what a sweet deal he got," White said, referring to McCoy’s plea agreement.
McCoy also pleaded guilty to two charges of burglary of a habitation and received eight years on each of those charges. All the sentences will run at the same time.
The investigation
Polty and McCoy were arrested in February 2007 after police found the video while executing a search warrant in the 6000 block of Hickory Hill Road in Watauga, where McCoy’s grandmother lives. Police were investigating burglaries that McCoy and Polty were suspected of committing.
A 16-year-old who authorities say filmed the incident was taken into custody several days after McCoy and Polty were arrested. The teen faced a delinquent conduct charge in the incident, but information was not available on the case.
In the house
The children’s mother, Shatoria Russell, has said that she was asleep in another room in the home, which she shared with her children, McCoy and his grandmother.
Russell and McCoy’s grandmother were not charged.
The video
It shows two men coaxing the little boys to smoke marijuana. Tests showed that the children had traces of marijuana and cocaine in their systems.
The children
Child Protective Services removed the children from the home shortly after McCoy’s arrest. Russell did not participate in any of the services required for her to regain custody of her two sons and continued to test positive for drugs, according to a CPS official. Russell relinquished her parental rights in December, a CPS official has said.
The children are with a family that is attempting to adopt them, a CPS official said.
www.sloanelaw.com
Two men are seen laughing as they light what looks like a marijuana cigarette for two toddlers and hold it to their mouths. The little boys are shown coughing and stumbling.
And the two men ask the children whether they "have the munchies" and call them "potheads."
That video seized from a Watauga home by police last year could be one of the key pieces of evidence against Vanswan Polty, 20, who goes to trial Tuesday, accused of being one of the young men who badgered the 2- and 4-year-old boys to smoke the marijuana.
Jury selection is scheduled to begin Tuesday in Criminal District Court No. 2 in Fort Worth.
Prosecutors are trying Polty on a charge of engaging in organized criminal activity, a felony that carries a stiffer penalty than charges of injury to a child.
If convicted on injury charges, Polty would have faced a maximum of 10 years in prison on each count. If he is convicted of engaging in organized criminal activity, Polty will face a maximum sentence of life in prison.
He is accused of committing several burglaries in Tarrant County last year just before the video was made. The incident involving the toddlers will be used in the trial, authorities said.
Tarrant County Assistant District Attorney Darrell Davila declined to comment on the pending trial.
"I intend to defend him to the best of my ability," said Timmie White of Fort Worth, Polty’s attorney.
In July, Demetris McCoy, 18, the other young man seen in the video giving the marijuana to the toddlers, reached an agreement with prosecutors and pleaded guilty to two charges of injury to a child/causing bodily injury. He was sentenced to eight years in prison.
As part of the agreement, McCoy will testify against Polty. The toddlers are McCoy’s nephews.
White said he doesn’t know what McCoy will say in court.
"I will point out to the jury what a sweet deal he got," White said, referring to McCoy’s plea agreement.
McCoy also pleaded guilty to two charges of burglary of a habitation and received eight years on each of those charges. All the sentences will run at the same time.
The investigation
Polty and McCoy were arrested in February 2007 after police found the video while executing a search warrant in the 6000 block of Hickory Hill Road in Watauga, where McCoy’s grandmother lives. Police were investigating burglaries that McCoy and Polty were suspected of committing.
A 16-year-old who authorities say filmed the incident was taken into custody several days after McCoy and Polty were arrested. The teen faced a delinquent conduct charge in the incident, but information was not available on the case.
In the house
The children’s mother, Shatoria Russell, has said that she was asleep in another room in the home, which she shared with her children, McCoy and his grandmother.
Russell and McCoy’s grandmother were not charged.
The video
It shows two men coaxing the little boys to smoke marijuana. Tests showed that the children had traces of marijuana and cocaine in their systems.
The children
Child Protective Services removed the children from the home shortly after McCoy’s arrest. Russell did not participate in any of the services required for her to regain custody of her two sons and continued to test positive for drugs, according to a CPS official. Russell relinquished her parental rights in December, a CPS official has said.
The children are with a family that is attempting to adopt them, a CPS official said.
www.sloanelaw.com
North Richland Hills Woman Convicted in Elderly Death
FORT WORTH — Lowesta Halliburton’s friends described her as a caring woman who would do anything for other people, including her children’s friends and her daughter’s Girl Scout leader.
But prosecutors said the North Richland Hills woman didn’t do much to help a bedridden 78-year-man who died last year of malnutrition, dehydration and pneumonia.
Halliburton, 44, was sentenced Friday to life in prison for causing the death of Richard Hoye, who died May 20, 2007, in the home he shared with Halliburton. She has been described as either his common-law wife or his adopted daughter.
She was convicted Oct. 30 of injury to the elderly in Hoye’s death. Her sentencing was delayed while court officials conducted a pre-sentencing investigation.
Visiting Judge Phillip Vick sentenced Halliburton after a 90-minute hearing in Criminal District Court No. 4. He considered the pre-sentencing report and evidence from the hearing.
One woman testified that Halliburton cared for her children for seven months while her mother was hospitalized. Other friends testified that Halliburton helped many people, including her daughter’s Girl Scout troop leader and her children’s friends.
Her defense attorney said Halliburton, who was neither a nurse nor a social worker, could not be expected to recognize Hoye’s deteriorating condition when Adult Protection Services employees left him in her care after four home visits in the four months before he died.
But prosecutors Rebecca McIntire and Jeff Hampton cited Halliburton’s 1986 burglary conviction and 1995 forgery and fraud convictions. She served probation on the 1986 case and two years in prison on the 1995 convictions.
McIntire introduced photos of Hoye lying in his own urine- and feces-soaked bed with insects crawling over him. A deputy medical examiner said Hoye was so malnourished that his body had eaten his muscle and was beginning to eat his internal organs for protein.
Halliburton must serve 30 years before being eligible for parole.
http://www.sloanelaw.com/
http://www.dwicriminaldefenselawyer.com/
But prosecutors said the North Richland Hills woman didn’t do much to help a bedridden 78-year-man who died last year of malnutrition, dehydration and pneumonia.
Halliburton, 44, was sentenced Friday to life in prison for causing the death of Richard Hoye, who died May 20, 2007, in the home he shared with Halliburton. She has been described as either his common-law wife or his adopted daughter.
She was convicted Oct. 30 of injury to the elderly in Hoye’s death. Her sentencing was delayed while court officials conducted a pre-sentencing investigation.
Visiting Judge Phillip Vick sentenced Halliburton after a 90-minute hearing in Criminal District Court No. 4. He considered the pre-sentencing report and evidence from the hearing.
One woman testified that Halliburton cared for her children for seven months while her mother was hospitalized. Other friends testified that Halliburton helped many people, including her daughter’s Girl Scout troop leader and her children’s friends.
Her defense attorney said Halliburton, who was neither a nurse nor a social worker, could not be expected to recognize Hoye’s deteriorating condition when Adult Protection Services employees left him in her care after four home visits in the four months before he died.
But prosecutors Rebecca McIntire and Jeff Hampton cited Halliburton’s 1986 burglary conviction and 1995 forgery and fraud convictions. She served probation on the 1986 case and two years in prison on the 1995 convictions.
McIntire introduced photos of Hoye lying in his own urine- and feces-soaked bed with insects crawling over him. A deputy medical examiner said Hoye was so malnourished that his body had eaten his muscle and was beginning to eat his internal organs for protein.
Halliburton must serve 30 years before being eligible for parole.
http://www.sloanelaw.com/
http://www.dwicriminaldefenselawyer.com/
Fort Worth Attorney on Trial
FORT WORTH -- Nearly three years ago, Kristy Ward hired family law attorney Kimberly Ashley-Stevens to handle the adoption of her prospective son.
As instructed by Ashley-Stevens, Ward testified today, she obtained notarized statements from the baby's biological parents relinquishing their parental rights to the boy she wanted to adopt.
Ward said she was stunned earlier this year when she learned that her son's 2006 adoption was invalid because someone had forged her signature on a document that a family court judge relied on in terminating the biological parents' rights and granting the adoption.
"I was devastated," Ward testified. "I was scared. I wasn't sure what was going to occur."
Although Ward's adoption was later granted after volunteer attorneys redid the paperwork, Ward blames Ashley-Stevens for the actions she believed might have caused her to lose her son.
"I hired an attorney to help me, and she hurt me," Ward said.
Ward was the first witness in Ashley-Stevens' felony trial in Criminal District Court No. 3. The 40-year-old attorney is accused of fabricating physical evidence, tampering with a government record and passing a forged document to 324th District Judge Jerome Hennigan, who handled the Ward adoption.
If convicted, she could be sentenced to up to 10 years in prison on one of the charges and two years on the other two charges.
In opening statements this morning her defense attorney said Ashley-Stevens did not know that Ward's signature had been forged on the document she gave the judge. He said Ashley-Stevens relied on another attorney who presented her with the signed document.
"Somebody took a shortcut," he said. "As the employer, Kim is responsible, but she's not criminally responsible."
The trial adjourned for the afternoon after testimony from Ward and another attorney in the case. Testimony will resume at 8:45 am. Friday before state District Judge Elizabeth Berry.
www.sloanelaw.com
As instructed by Ashley-Stevens, Ward testified today, she obtained notarized statements from the baby's biological parents relinquishing their parental rights to the boy she wanted to adopt.
Ward said she was stunned earlier this year when she learned that her son's 2006 adoption was invalid because someone had forged her signature on a document that a family court judge relied on in terminating the biological parents' rights and granting the adoption.
"I was devastated," Ward testified. "I was scared. I wasn't sure what was going to occur."
Although Ward's adoption was later granted after volunteer attorneys redid the paperwork, Ward blames Ashley-Stevens for the actions she believed might have caused her to lose her son.
"I hired an attorney to help me, and she hurt me," Ward said.
Ward was the first witness in Ashley-Stevens' felony trial in Criminal District Court No. 3. The 40-year-old attorney is accused of fabricating physical evidence, tampering with a government record and passing a forged document to 324th District Judge Jerome Hennigan, who handled the Ward adoption.
If convicted, she could be sentenced to up to 10 years in prison on one of the charges and two years on the other two charges.
In opening statements this morning her defense attorney said Ashley-Stevens did not know that Ward's signature had been forged on the document she gave the judge. He said Ashley-Stevens relied on another attorney who presented her with the signed document.
"Somebody took a shortcut," he said. "As the employer, Kim is responsible, but she's not criminally responsible."
The trial adjourned for the afternoon after testimony from Ward and another attorney in the case. Testimony will resume at 8:45 am. Friday before state District Judge Elizabeth Berry.
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