Posted 3:54 pm Thursday, May 10, 2012
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UPDATE: Criminalist Testifies About Search Of Cargill's Home
Updated Thursday, May 10, 2012 at 3:53 p.m. CDT
Noel Martin, senior criminalist with the Smith County Sheriff's office, testified this afternoon about the search he and his deputies conducted of Kimberly Cargill's Whitehouse home in the days after Cherry Walker's body was discovered.
Martin said a pair of slip-on tennis shoes found at the home had sand on the bottom similar to that of the crime scene. Also found were nine empty dairy cream containers in the master bedroom, the same kind that were found at the crime scene, Martin testified.
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Martin said a pair of slip-on tennis shoes found at the home had sand on the bottom similar to that of the crime scene. Also found were nine empty dairy cream containers in the master bedroom, the same kind that were found at the crime scene, Martin testified.
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Updated Thursday, May 10, 2012 at 12:54 p.m. CDT
A former nursing supervisor at East Texas Medical Center in Athens testified this morning that she called Kimberly Cargill into her office on June 18, 2010 after a patient complained that he didn't receive pain medication after repeated requests.
Patricia McAnalley testified that Cargill responded that she always took good care of her patients. June 18 was the same day that victim Cherry Walker went missing.
Phone records from that day showed Cargill made and received 70 calls and texts during the hours she was supposed to be tending to patients. Hospital records showed Cargill making frequent entrance to break rooms and equipment rooms as she made calls.
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Patricia McAnalley testified that Cargill responded that she always took good care of her patients. June 18 was the same day that victim Cherry Walker went missing.
Phone records from that day showed Cargill made and received 70 calls and texts during the hours she was supposed to be tending to patients. Hospital records showed Cargill making frequent entrance to break rooms and equipment rooms as she made calls.
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Updated Thursday, May 10, 2012 at 11:15 a.m. CDT
A forensic dentist from the Southwest Institute of Forensic Services testified this morning in the fourth day of the Kimberly Cargill murder trial.
Dr. Robert Williams said that the dental records provided to his office by victim Cherry Walker's Whitehouse dentist matched those in the body he examined on June 23. He said records indicated they were the same person.
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Dr. Robert Williams said that the dental records provided to his office by victim Cherry Walker's Whitehouse dentist matched those in the body he examined on June 23. He said records indicated they were the same person.
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By DAYNA WORCHEL
Staff Writer
The body of a woman found on a remote road in Smith County in June 2010 had been killed elsewhere, placed at that location and then set on fire with an alcohol-based accelerant, authorities testified on Wednesday.
The testimony came in the third day of the capital murder trial of Kimberly Diane Cargill, 45. Ms. Cargill is accused in the killing of her former babysitter, Cherry Walker, who was set to testify against her in a child custody hearing. The defendant faces the death penalty if she is convicted. The trial is taking place in the Smith County 241st District Court.
Ms. Walker's partially burned body was found along County Road 2191, also known as Oscar Burkett Road on June 19, 2010, by a man driving in the area looking for the home of a friend. Ms. Walker had gone missing on June 18, 2010.
Former Alcohol, Tobacco and Firearms Agent Larry Smith testified Wednesday that in his opinion, Ms. Walker's death was a homicide. “It was an intentionally-set fire with an ignitable liquid,” Smith testified in response to questioning from Smith County District Attorney Matt Bingham.
Staff Writer
The body of a woman found on a remote road in Smith County in June 2010 had been killed elsewhere, placed at that location and then set on fire with an alcohol-based accelerant, authorities testified on Wednesday.
The testimony came in the third day of the capital murder trial of Kimberly Diane Cargill, 45. Ms. Cargill is accused in the killing of her former babysitter, Cherry Walker, who was set to testify against her in a child custody hearing. The defendant faces the death penalty if she is convicted. The trial is taking place in the Smith County 241st District Court.
Ms. Walker's partially burned body was found along County Road 2191, also known as Oscar Burkett Road on June 19, 2010, by a man driving in the area looking for the home of a friend. Ms. Walker had gone missing on June 18, 2010.
Former Alcohol, Tobacco and Firearms Agent Larry Smith testified Wednesday that in his opinion, Ms. Walker's death was a homicide. “It was an intentionally-set fire with an ignitable liquid,” Smith testified in response to questioning from Smith County District Attorney Matt Bingham.
Smith said he could tell from the burn patterns on Ms. Walker's clothing and body that in his experience, an alcohol-based accelerant, such as hand sanitizer or rubbing alcohol had been used to ignite the body. Smith, who testified that he has many years of experience in determining the cause of fires and who helped investigate the East Texas church arsons two years ago, said the body had burned for “a very short duration.”
The usual reason for burning a victim is to hide their identifying features, such as their face and their fingerprints, Smith testified. Bingham asked Smith about a piece of partially burned paper investigators found in Ms. Cargill's trash. “Why would someone have a piece of burned paper in their trash in June?” Bingham asked Smith.
Smith replied he didn't know unless the individual lived out in the country and had to burn their trash to dispose of it. Smith also said a specially-trained dog had alerted on an ignitable substance.
Brent Davis, a Texas Ranger, testified that it “was obvious the body had been dumped.” He said Ms. Walker had been killed somewhere else and placed on County Road 2191 because her white tennis shoes were clean, and showed no signs of the red dirt which surrounded her body.
The usual reason for burning a victim is to hide their identifying features, such as their face and their fingerprints, Smith testified. Bingham asked Smith about a piece of partially burned paper investigators found in Ms. Cargill's trash. “Why would someone have a piece of burned paper in their trash in June?” Bingham asked Smith.
Smith replied he didn't know unless the individual lived out in the country and had to burn their trash to dispose of it. Smith also said a specially-trained dog had alerted on an ignitable substance.
Brent Davis, a Texas Ranger, testified that it “was obvious the body had been dumped.” He said Ms. Walker had been killed somewhere else and placed on County Road 2191 because her white tennis shoes were clean, and showed no signs of the red dirt which surrounded her body.
Defense attorney Brett Harrison asked Davis if Ms. Walker's body had been found face down. Davis replied that it had, and that no one moved the body. In the photo of Ms. Walker's body shown to the jury, Davis pointed out that her tennis shoes were “completely clean.”
In testimony earlier in the day, Pertena Young, who was the supervisor of Paula Wheeler, Ms. Walker's caregiver, said she had spoken to Ms. Cargill by phone. Ms. Young told Ms. Cargill that she planned to turn her into Child Protective Services for continually leaving her young son with the mentally challenged Ms. Walker.
In testimony earlier in the day, Pertena Young, who was the supervisor of Paula Wheeler, Ms. Walker's caregiver, said she had spoken to Ms. Cargill by phone. Ms. Young told Ms. Cargill that she planned to turn her into Child Protective Services for continually leaving her young son with the mentally challenged Ms. Walker.
“I told her that I didn't think it was good for Cherry to be keeping children, and it wasn't good for her son, either,” Ms. Young said.
Ms. Cargill replied to Ms. Young that she could do what she needed to do. “I have friends at the DA's office,” Ms. Cargill said to Ms. Young. “I asked her if she was threatening me and that I knew people there too,” Ms. Young said.
Ms. Wheeler also testified earlier as she cried that she no longer worked with mentally challenged adults because “my client was murdered.” Harrison objected, and Judge Jack Skeen Jr. ordered the jury to disregard the remark.
Ms. Cargill replied to Ms. Young that she could do what she needed to do. “I have friends at the DA's office,” Ms. Cargill said to Ms. Young. “I asked her if she was threatening me and that I knew people there too,” Ms. Young said.
Ms. Wheeler also testified earlier as she cried that she no longer worked with mentally challenged adults because “my client was murdered.” Harrison objected, and Judge Jack Skeen Jr. ordered the jury to disregard the remark.
