DA Kimbrough's investigtor said, "I want you to say something at the end that'll put a cap on your testimony." He said, "I want you to look straight at the jury and tell them that Danny told you that he told her, that if he couldnt have her, if she couldnt stay with him then nobody else could have her. And then that he shot her point blank." And then, Mr. Kimbrough said, "We know you are in here on a parole violation and may have other charges coming." He said, "You do this for us and we will, we will help you." He said, "We know that you are waiting on an answer from your parole for a violation, Gary." He said, " We might be able to help." So, with that he sent me back to the cell. Uh, the next time I was brought over was for the trial, and I, trying to, the trial I think was February 2. A FEW DAYS LATER GARY WAYNE HARRIS WALKED FREE!
DA Kimbrough's investigtor said, "I want you to say something at the end that'll put a cap on your testimony." He said, "I want you to look straight at the jury and tell them that Danny told you that he told her, that if he couldnt have her, if she couldnt stay with him then nobody else could have her. And then that he shot her point blank." And then, Mr. Kimbrough said, "We know you are in here on a parole violation and may have other charges coming." He said, "You do this for us and we will, we will help you." He said, "We know that you are waiting on an answer from your parole for a violation, Gary." He said, " We might be able to help." So, with that he sent me back to the cell. Uh, the next time I was brought over was for the trial, and I, trying to, the trial I think was February 2. A FEW DAYS LATER GARY WAYNE HARRIS WALKED FREE!
DA Kimbrough's investigtor said, "I want you to say something at the end that'll put a cap on your testimony." He said, "I want you to look straight at the jury and tell them that Danny told you that he told her, that if he couldnt have her, if she couldnt stay with him then nobody else could have her. And then that he shot her point blank." And then, Mr. Kimbrough said, "We know you are in here on a parole violation and may have other charges coming." He said, "You do this for us and we will, we will help you." He said, "We know that you are waiting on an answer from your parole for a violation, Gary." He said, " We might be able to help." So, with that he sent me back to the cell. Uh, the next time I was brought over was for the trial, and I, trying to, the trial I think was February 2. A FEW DAYS LATER GARY WAYNE HARRIS WALKED FREE!
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EXHIBIT 51D
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all will think about it and just kind of put the
puzzle together, it meant that Selma was crouched over
with her body twisted to the left when the fatal shot
was fired through her back, from this direction over
here. Right in line with this H. We just didn’t know
how far back.
You know, obviously this is only a 16-foot
trailer anyway. So, you’re not going to go too far
back. We basically had about 5, 6 feet to play with.
And we couldn’t tell from our measurements if it was
back here or right here (indicating) because that’s only
| the difference of holding a gun at waist high versus
| putting it up almost head high and aiming like that
| (indicating), until we got the gunshot residue test back
| on her shirt, the distant calculation.
Jo The trajectory is never going to tell you
le And if I remember from geometry, those angles
| could be to infinity really. The angles keep going?
| B Exactly, exactly.
| 9 And so, could that fatal bullet, then, have
been fired from the bed, based on your measurements?
aR No way.
Q And could it have been fired -- well, could it
CRISTY BURNETT, CSR10
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EXHIBIT SIE
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Lave been fired from any other point in that trailer
other than what’s illustrated on there, understanding
that the distance may be a little bit closer or -- but
the angle was from what you've illustrated; is that
right?
A Yes, sir. There’s no doubt on the angle. I
mean, that’s basic. It’s a straight line shot. And the
bullet, I mean, it passed through a bone; but there was
no deflection at all. It went in a straight line. You
can see -- even from the entrance wounds of her body and
the exit wounds, you'can see how it went in at an angle,
the bullet, because there’s an eccentric abrasion on the
entrance wound of the -- and it lined up with the exit
wound, coming out right here under her throat
(indicating). It was all a perfect lineup. So,
absolutely no way of it -- than right here on this
trajectory line.
Q Just quickly a few things. You did attend the
autopsy, I think you testified; is that right?
A Yes, sir.
Q And did you notice anything about the victim’s
fingernails?
aA Yes, sir. One of the things we commonly do is
take fingernail scrapings. We did look at her
fingernails, noticing a -- on her ring finger of her
CRISTY BURNETT, CSR‘Supplemental offense report by investigator Mark Elis:
On Friday, May 16, 97 approximately 2:20 a.m., I received a page from Det. Ronnie Barrett of the
Pinehurst Police Dept. in regard to a questionable death scene at 3800 Pheasant #39 in Pinehurst TX
After discussing the facts of the case, it was determined that gunshot residue test would be
‘appropriate for both the victim and suspects mentioned above. I contacted Det. Lynn Arceneaux of
the Orange Police Dept. and requested that he bring 2 test kits and meet with me at the crime scene.
arrived at the scene at approximate 3:00 a.m. and noted that there was light misting rain, the temp.
was approximate 70 degrees f.. Upon arrival I noted #39 was a mobile home, white in color with
blue shutters that faces north with a porch on the south side. As I approached the trailer, I noted
‘Neff Brothers large wrecker, a suburban, and an old pick up truck at the east side of the trailer in the
parking area. entered the yard through a chain linked fence and went up on the porch to the front
door and knocked. Iwas met by Dt. Ronnie Barrett and escorted into the scene. Present at the scene
were Chief Dan Robertson, Officer Washington and Justice of the Peace Flo Edgerly. Dt. Lynn
Arceneaux arrived shortly there after. Upon entering the mobile home, I observed a white male
Bleepon the couch, later identified as the suspect mentioned above, I then saw the victim in the
ister bedroom. The victim was wearing a red t-shirt, pink shorts and no shoes. I noted blood on
the victim’s hands, legs and a pool of blood beneath het chest. The victim was on her left side with
heer feet near a dresser. The dresser had the top drawer open and there was a plastic garbage bag on
the floor by the dresser where it appeared the victim had been removing clothing from the drawer and
placing it in the bag. There was another plastic bag, it contained personal items such as make-up,
deodorant, toothbrush, etc. near the feet of the victim. On floor by the victim’s waist was her
cigarette case which was closed but had blood inside the flap, indicating it had been handled after
blood was present, There was also a pair of men’s sneakers, blue pager, and a set of keys on the floor
near the victim’s chest area. The keys were later found to belong to the victim’s suburban parked
outside. The pager was later determined to belong to the victim. At that time the gun had already
been removed from the area of the body. Inoted EKG attach points were on the victim and an EKG
strip was left at the scene by emergency medical tech.. I also observed 2 live rounds of mm
ammunition on the bathroom floor. I saw one spent mm shell casing on the bedspread and one spent
shell casing on the floor near the southwestern corner of the bedroom near the head of the bed. Dt
Arceneaux processed the suspect's hands for gunshot residue, I then set up an outer and inner
perimeter of the crime scene with police crime scene tape. It was decided that Dt, Barrett and myself
‘would question the suspect and Dt. Arceneaux and Chief Robertson would process the erime scene
and make assignments as other investigators arrived on the scene. I paged numerous detectives from
surrounding agencies and requested their assistance at the scene. Officer Washington was directed
by Dt. Barrett not to allow access to the residence to anyone other than designated crime scene
officers who would process the scene.
At approximately 3:55 a.m., Dt, Barrett asked the suspect to accompany us to Police Dept. to make
asstatement. Dt. Barrett advised the subject that he was not under arrest but the suspect agreed and
Di. Barrett gave him a ride to the Pinehurst Police Dept. 1 followed him to the Police station in my
vehicle, At approximate 4:00 a.m, Dt, Barret read the subject his Miranda warnings from a card and
had the subject sign the card, ‘The subject indicated he understood his rights and he signed the card
and agreed to speak with us. I then advised the suspect that he was not under arrest and that we
would not arrest him immediately following his statement. The subject indicated that he understood
The subject wae now wearing a dark blue Neff Brothers wrecker shirt, black jeans and white
EXHIBIT 52A ,