NOTE: O.C. Smith was the medical examiner of murdered microbiologist Don C. Wiley
February 8, 2005
By Roswell Encina
New Channel 3
9:10 AM - Opening statements made by prosecution.
10:45 AM - Opening statements made by defense.
Defense says prosecution wants you to think OC staged the whole attack.
* Shows photographs two days after JUne 2, 2002 event.
* Pictures shows OC's face wrapped in barbed wire. Wrapped three times - around forehead, eyes and mouth.
* Pictures of doctors cutting away around OC's head.
* Showed how tight the barbed wire is tight around OC's ear.
Described minute by minute of attack:
* OC left via stairewell.
* Sodium hydroxide hits the right side of OC's face - shows picture of OC's burned face. First degree burns to head, neck and hands.
* Less burns on left side of OC's face.
* Showed burn on top of OC's head.
* Showed splashing efffect of sodium hydroxide around neck.
* Picture of hands - scratches, bruises, scratches around wrist.
* Picture of knee - bruse
* Picture of barbed wire around OC's ankle.
Live bomb - if it moved, it could have exploded and killed OC.
Keys - dropped by OC when he was attacked.
Shows night time picture by police of OC's keys on the ground.
Shows picture of stairwell with a soda can with a spill.
Sodium hydroxide was found in a Poweade bottle. Tested liquid, 13 percent.
11:00 AM - Defense Opening Statements continue.
* Got barbed wire samples from OC's farm. The barbed wire was determined didn't come from OC's farm.
* Tested padlocks.
* medical record in the case - OC has first degree burns over 12 percent of his body - head, backof head, side of face. Burn on scalp.
* Experts testified and examined barbed wire.
"Factitious Victimization" - defense say the prosecution will testify about this condition. The witness will be Dr. Park Dietz. Dietz was the witness in the Andrea Yates case in Houston, TX. Verdict overturned because of Dietz's testimony.
Points out the experts presented by the defense will be people who work their profession. Unless some witnesses of the prosecution who testify for a living.
"Power of Suggestion." - no one that night said OC did this to himself. But because of some disruntled employees of the Forensic Center, that talk of OC staged the whole attack.
Read some portions of cops' interview. "Cop said I don't believe he did it to himself."
Read portions of interview between OC and Assistant US Attorney Pat Harris.
"OC: I think there is someone out there you should be nailing and its not me."
Harris: I dont think you're telling us the truth. You need to tell us the truth Dr. Smith. OC: I think we're at an empass. I"ll have my beliefs you have my beliefts.
I hope you find the right guy."
Harris: The stroies are inconsistent.
11:19 - Defense Opening Statements End.
Judge reminds the jury that opening statements are not evidence. Evidence comes from witnesses.
11:20 - Prosecution calls on first witness - ROBERT HUTTON - Attorney who represented during death row appeals for convicted cop killer Phillip Workman.
January 25th hearing - Hutton says OC testified during Workman Clemency hearing.
Are you aware that OC got involved in the case on his own? Yes.
Appeared on the Mike Fleming show on April 1, 2001. Fleming wanted to talk about stay of execution of Workman. Hutton says there was a comment made by Fleming that are you aware that OC's testimony. Hutton says he has concerns about OC's testimony.
Few days later, Hutton received an annonymous letter in the mail April 4, 2001. Typed letter - "bizarre." "Threatening towards Dr. Smith." "A lot of religion overtones."
Harris shows Hutton letter. (exhibit one). Shows letter to jury. Asks Hutton to read letter.
Letter opens with the initials JMJ. Hutton says that stands for : "Jesus Mary and Jospeh." It's a very pius practice.
Hutton reads letter. "The evil one is in the body of OC Smith."
What did you do with the letter when you received it Mr. Hutton?
* I get a lot of strange letters. This one is strange because its threatening Dr. Smith and it had a huge religious overtones. I first thought it was just some nut.
This letter made no sense in context of the Mike Fleming show. Hutton says he called Medical Examiner's office about the letter. Please tell Dr. Smith about it. Then he called Asst. District Attorney Campbell about the letter. The letter was given to the TBI. Didn't touch it again, placed it in an envelope to be careful for fingerprints.
Cross examination by defense.
* Defense say Hutton's fingerprints were the prints found on the annonymous letter sent to him. Eight fingerprints.on on letter.
* Asked Hutton are you a very conservative Catholic. Hutton says don't like conservative, but rather be traditional. "Catholic faith is very important to me."
* Asked him you've been on talk shows to talk about religion - even before the attack on Dr. Smith and even before the letter.
* Told defense we've talked about abortion, death penalty, homosexual marriage on radio talk shows.
* Examining letter now: "Long have I waited the SACRAMENT OF HOLY ORDERS." (from letter). Defense: What does that mean? Hutton: To be ordained into the priesthood. Defense: Do you think this person wants to be a priest. Hutton: I guess thats possible.
* Defense asks if Hutton was denied to be a priest.
*Defense gives Hutton some documents. Huttons thinks its another anonnymous letter sent to him.
* You cant say if Dr.Smith wrote the letter?
Prosecution calls on JOHN SIMMONS - TBI
Simmons testifies that he picked up the annonymous letters sent to Hutton, District Attorney Bill Gibbons and the Commercial Appeal.
Broke for lunch at 12:30 PM Court will resume at 2:00 PM
COURT RESUMES AT 2:05
Prosecutors call on RODERICK CHAPMAN
* Works at truck line
* March 2002 - He was at the penal farm. Served 11 months. Burglary charge.
* He was on work release to clean health department and forensic center.
* In March of 2002 he was to clean outside the forensic center.
* March 12, 2002 - found two bottles and other homemade bombs. Prosecutor showed jury pictures of the bomb Chapman found. PIcture showed bottles of Colt 45 with liquid in it.
* Second picture of the other bomb. Picture shows bomb that is wrapped in foil with wires sticking out.
* Showed picture of where the bombs were found.
* Showed a series of pictures of the bombs.
No questions for cross examination by the defense.
Prosecutors want to call on Pam Pearson as next witness. Judge allows her testimony.
* Autopsy technician at the Forensic Center since '97.
* Were you working on June 1st and 2nd of 2002? Yes.
* Her shift 3pm to 7am.
* She wanted to do her laundry at work so she wanted to know if Dr. Smith left the building. She says Smith left early evening.
* OC called her and said he was back in the building at 9pm.
* Husband came by to drop food off. Left before 10:30pm
* Lt. Scott came by between 11:30 and midnight. Lt. Scott said he wanted to see OC. Pearson paged OC, he didn't answer. The she dialed OC's line; he still didn't answer.
* When she was getting her laundry out, she heard loud voices.
* Are you familiar of the stairwell Dr. Smith was found in? No.
* She put her clothes in a side room. She went up to the third room to find Dr. Smith, he wasn't there. She discovered that OC's truck was still outside.
* She saw Lt. Scott's car outside as well.
* Lt. Scott came running towards her and told her she found OC strapped with a bomb on himself. Lt. Scott told her to call Steve Symes and go home.
* Did the work atmosphere changed when Dr. Smith took over? Pearson: Yes.
* Pearson: He changed the organization around.
* What changes: Pearson: Dr. SMith became medical examiner and administrator.
* Was he an effective employee? Not from my perspective.
* How was the moral from your perspective? Some people were pretty upset, especially Greg Bulcher (sp?). That Bulcher didn't know what their job entails.
* Who's Chantal Feraro (sp?). Is she acquainted with Dr. Smith? It would seem so.
* When was the next time you saw Dr. Smith? The next morning.
* Saw scraps/scratches on OC's faces.
* He seems to enjoy media attention.
Cross examination by Defense.
* asked series of questions for clarification.
2:55PM - Prosecutors call on Lt. Steven Scott - cop who found OC.
* Scotts tells the story how he found OC.
* Found OC's keys first on the ground.
* Heard noise. And found OC with wire around his face. OC told him: Don't shake me, don't touch me.
* Called dispatcher and his chief.
(OC crying - during Scott's testimony.)
* Started showing pictures to Lt. Scott
* First picutre - forensic science center truck (OC's truck).
* 2nd picture - side of building where OC was strapped.
* Series of pictures of forensic center building and truck.
3:20PM Cross examination by Defense:
* Is your memory better four hours after the event, compared to three years later? I think my memory of the event is accurate. I was shaken up to find Dr. Smith that night. It's not usual that you find a person you know handcuffed to window bars.
* There was barbed wire around his mouth, his neck. Like a "crown of thorns."
* "I don't believe he did it to himself."
AFTERNOON BREAK 3:30PM
Court Resumes at 3:55PM
Prosecutors call on Maj. Willis - former head of the Bomb Squad.
* Willis testifies how OC was found tied in barbed wire in a crucifix position. The bomb was around OC's neck, right under his chin.
Prosecutors call Gerald Blum - Bomb Squad.
* Testified how the bomb was removed from OC.
* Willis also testified the phrase: "Steel in the hands of the King of Kings" was on the bomb.
COURT ADJOURNED AT 5:15PM. COURT WILL RESUME WEDNESDAY AT 9:30AM
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