Posted 2:41 pm Tuesday, May 08, 2012
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UPDATE: Cargill 'Very Upset' About Murder Victim Testifying Against Her, Witness Testifies
Updated Tuesday, May 8, 2012 at 2:34 p.m. CDT
A woman who became friends with Kimberly Cargill in 2002 after they attended nursing orientation together said the defendant told her that she was afraid to have Cherry Walker testify against her in a 2010 custody hearing.
Angela Hardin described Cargill as "very upset" when the two talked on June 18, 2010. Ms. Hardin quoted Cargill as saying of Walker, "She's going to destroy everything."
Hardin said when she spoke again with Cargill on June 20 that Cargill was "calmer."
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Angela Hardin described Cargill as "very upset" when the two talked on June 18, 2010. Ms. Hardin quoted Cargill as saying of Walker, "She's going to destroy everything."
Hardin said when she spoke again with Cargill on June 20 that Cargill was "calmer."
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Updated Tuesday, May 8, 2012 at 12:40 p.m. CDT
Phone records show that Kimberly Cargill placed 78 phone calls as she worked at ETMC in Athens on the night Cherry Walker went missing on June 18, 2010.
Gina Vestal, who worked for Ecxel Staffing service, testified that Cargill had worked 12 hours on that day, and had been paid $299 after taxes. Cargill made $24 an hour working as an LVN.
"She's supposed to be working -- that's a pretty good gig, isn't it?" DA Matt Bingham said to Ms. Vestal.
Cargill smiled at the comment.
Defense attorney Brett Harrison asked Vestal if she wanted anyone making calls while at work.
"No," she responded.
In Monday's testimony, Bingham established that Cargill had spent the day calling the victim after she had learned she had been subpoenaed to testify against Cargill in a child custody hearing.
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Gina Vestal, who worked for Ecxel Staffing service, testified that Cargill had worked 12 hours on that day, and had been paid $299 after taxes. Cargill made $24 an hour working as an LVN.
"She's supposed to be working -- that's a pretty good gig, isn't it?" DA Matt Bingham said to Ms. Vestal.
Cargill smiled at the comment.
Defense attorney Brett Harrison asked Vestal if she wanted anyone making calls while at work.
"No," she responded.
In Monday's testimony, Bingham established that Cargill had spent the day calling the victim after she had learned she had been subpoenaed to testify against Cargill in a child custody hearing.
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A former clinic manager from ETMC in Whitehouse testified this morning that Kimberly Cargill called the clinic in an "angry rage," sometimes in calls that would last almost 30 minutes as the capital murder trial entered its second day.
Cargill was angry because the clinic would not release information about her young son, of whom her mother had custody.
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Cargill was angry because the clinic would not release information about her young son, of whom her mother had custody.
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From KYTX CBS 19
Laura Gillespie was the first witness called in Kimberly Cargill's capital murder trial Tuesday. She began by answering basic questions about her working relationship with Cargill and by correctly identifying Cargill in the courtroom.
Gillespie said she was involved in Cargill's six year old son's healthcare.
Smith County District Attorney Matt Bingham brought out phone records and showed them to Gillespie. He pointed out several lengthy phone calls which Gillespie agreed happened between herself and Cargill in the days leading up to Cherry Walker's death. Gillespie said she did not remember the specifics of those calls.
Bingham continued to go through calls that were closer to June 18th, the night Walker died, and Gillespie said she remembered several of those calls.
Bingham then brought up a call from June 18th placed from Cargill's phone to Gillespie's phone that lasted 12 minutes. Gillespie said she remembered that call.
Gillespie said several calls in the days leading up to the 18th were lengthy and involved Cargill being angry that her son had an appointment at Gillespie's clinic that she didn't know about.
"She was in an angry rage," Gillespie said. "It was very upsetting for me as a mother. I was trying to keep the tone down. She was screaming. She was so upset. I would tell her 'Kimberly, I'm going to have to end this phone call.'"
Gillespie said she became concerned for her safety and her staff's safety based on the contents of her phone calls with Cargill and changed policies with regards to locking exterior doors.
The second witness was Cory Hoover, an investigator for the Smith County District Attorney's child protection division.
Hoover said he was assigned to locate Cherry Walker for the purpose of a subpoena in the state's child custody case against Kimberly Cargill.
Hoover identified a state's evidence exhibit as the original subpoena, served at 10:09 a.m. on June 18, 2010, for Cherry Walker's appearance in the case and confirmed that she was supposed to appear in Smith County district court on June 23, 2010. That corroborated the state's earlier claims that Walker had called Cargill on June 18 and said she would be testifying against her.
Hoover also discussed what he knew to be accurate phone numbers belonging to Walker.
Bingham showed Hoover Cargill's phone records and Hoover testified that Cargill called the Distrct Attorney's office nine hours after Walker was served with the subpoena. Hoover said he never spoke directly with Cargill.
On cross examination, Cargill's defense attorney Brett Harrison asked Hoover how many people he served in Cargill's child custody case. Hoover said he did not know who else he had served or how many people he had served.
Laura Gillespie was the first witness called in Kimberly Cargill's capital murder trial Tuesday. She began by answering basic questions about her working relationship with Cargill and by correctly identifying Cargill in the courtroom.
Gillespie said she was involved in Cargill's six year old son's healthcare.
Smith County District Attorney Matt Bingham brought out phone records and showed them to Gillespie. He pointed out several lengthy phone calls which Gillespie agreed happened between herself and Cargill in the days leading up to Cherry Walker's death. Gillespie said she did not remember the specifics of those calls.
Bingham continued to go through calls that were closer to June 18th, the night Walker died, and Gillespie said she remembered several of those calls.
Bingham then brought up a call from June 18th placed from Cargill's phone to Gillespie's phone that lasted 12 minutes. Gillespie said she remembered that call.
Gillespie said several calls in the days leading up to the 18th were lengthy and involved Cargill being angry that her son had an appointment at Gillespie's clinic that she didn't know about.
"She was in an angry rage," Gillespie said. "It was very upsetting for me as a mother. I was trying to keep the tone down. She was screaming. She was so upset. I would tell her 'Kimberly, I'm going to have to end this phone call.'"
Gillespie said she became concerned for her safety and her staff's safety based on the contents of her phone calls with Cargill and changed policies with regards to locking exterior doors.
The second witness was Cory Hoover, an investigator for the Smith County District Attorney's child protection division.
Hoover said he was assigned to locate Cherry Walker for the purpose of a subpoena in the state's child custody case against Kimberly Cargill.
Hoover identified a state's evidence exhibit as the original subpoena, served at 10:09 a.m. on June 18, 2010, for Cherry Walker's appearance in the case and confirmed that she was supposed to appear in Smith County district court on June 23, 2010. That corroborated the state's earlier claims that Walker had called Cargill on June 18 and said she would be testifying against her.
Hoover also discussed what he knew to be accurate phone numbers belonging to Walker.
Bingham showed Hoover Cargill's phone records and Hoover testified that Cargill called the Distrct Attorney's office nine hours after Walker was served with the subpoena. Hoover said he never spoke directly with Cargill.
On cross examination, Cargill's defense attorney Brett Harrison asked Hoover how many people he served in Cargill's child custody case. Hoover said he did not know who else he had served or how many people he had served.
