1

1 IN THE CIRCUIT COURT OF

2 DALE COUNTY, ALABAMA
3 THIRTY-THIRD JUDICIAL CIRCUIT
4
5
6 STATE OF ALABAMA,
7 Plaintiff, CASE NUMBERS
8 vs. CC-2019-900187 thru 191
9 COLEY LEWIS McCRANEY,
10 Defendant.
11 _____________________/
12
13
14 MOTION HEARING
15 AUGUST 4, 2022
16 REQUESTED PORTION ONLY
17
18
19 Before the Honorable
20 William H. Filmore
21 Ozark, Alabama
22
23
24 Taken By: Misty Perry Whitworth
25 Certified Court Reporter, #371

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1 APPEARANCES
2
3 FOR THE STATE:
4 MR. DAVID C. EMERY, ESQUIRE
5 ASSISTANT DISTRICT ATTORNEY
6 100 EAST COURT SQUARE
7 OZARK, ALABAMA 36360
8
9 FOR THE DEFENDANT:
10 MR. DAVID J. HARRISON, ESQUIRE
11 ATTORNEY AT LAW
12 254 SOUTH EAST AVENUE
13 OZARK, ALABAMA 36360
14
15 ANDREW J. SCARBOROUGH, ESQUIRE
16 ATTORNEY AT LAW
17 POST OFFICE BOX 2101
18 DOTHAN, ALABAMA 36302
19
20
21
22
23
24
25

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1 INDEX
2 PAGE
3 DEFENDANT'S WITNESSES:
4 JEANETTE DAVIS McCRANEY
5 DIRECT BY MR. HARRISON. . . . . . . . . . . . . .4
6 CROSS BY MR. EMERY. . . . . . . . . . . . . . . 25
7 CERTIFICATE OF REPORTER . . . . . . . . . . . . . . 29
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

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1 JEANETTE DAVIS McCRANEY,

2 was sworn and testified as follows:
3
4 DIRECT EXAMINATION
5 BY MR. HARRISON:
6 Q. State your name, please.
7 A. Jeanette Davis McCraney.
8 Q. Mrs. McCraney, are you presently married?
9 A. Yes, I am.
10 Q. And to whom are you married?
11 A. Coley Lewis McCraney.
12 Q. And where do you live?
13 A. At this present time?
14 Q. Yes.
15 A. 100 Hedstrom Drive, Dothan.
16 Q. I'm sorry. I'm going to slow down here.
17 Tell me when you met Mr. McCraney.
18 A. March 20th, 1998.
19 Q. And how soon after meeting him did you and
20 him move in together?
21 A. Father's day.
22 Q. Say it again.
23 A. Father's Day of '98.
24 Q. Okay. So how many months would you have
25 dated him?

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1 A. Probably about three and a half.

2 Q. Okay. And tell me where you moved to.
3 Where did you live when you --
4 A. Lisenby Drive.
5 Q. And where is that?
6 A. From here?
7 Q. Is it in Ozark?
8 A. Yes, sir.
9 Q. And how long did you live at Lisenby?
10 A. About a year and eight months or so.
11 Q. And did you move some --
12 A. We moved to -- I'm sorry.
13 Q. I'm sorry. Did you move somewhere else?
14 A. Yes, sir.
15 Q. Where did you move to?
16 A. To Johntown.
17 Q. Okay. I want to make sure I understand
18 this correctly. I'm going to bring you back to July
19 the 31st of 1999.
20 A. Okay.
21 Q. Tell me: Do you remember anything
22 specifically about that evening?
23 A. Yes.
24 Q. Tell me about that.
25 A. That evening, I had to go pick my husband

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1 up -- well, we had to take him to go get his car.

2 His car had broke down.
3 Q. Before you go there, let me ask you this
4 question: What did you do that day?
5 A. I worked.
6 Q. And where did you work?
7 A. Barnhill's.
8 Q. And what was Coley McCraney doing for a
9 living at this time?
10 A. Truck driving.
11 Q. And how long had he been driving a truck?
12 A. Probably a little over a year.
13 Q. Was he a short-trip driver or a long-trip
14 driver?
15 A. Long-haul.
16 Q. And I don't know what that means exactly.
17 But does that mean he's gone overnight?
18 A. Yes. Like, for some weeks at a time.
19 Q. How long would he go -- what's the longest
20 length he'd be gone?
21 A. Three weeks or so.
22 Q. Now, had y'all previously made plans to buy
23 a mobile home?
24 A. Yes, we had been working on it.
25 Q. And move it to where?

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1 A. Johntown.
2 Q. When did you all start -- where was the
3 property located? Whose house was it located close
4 to?
5 A. His mother's.
6 Q. And where is that located?
7 A. Johntown.
8 Q. And when did you all start working on that
9 property?
10 A. Possibly, like, January of that year.
11 Q. Of that year, being what year?
12 A. I'm sorry. '99.
13 Q. Okay. And what kind of work would y'all
14 do?
15 A. We were going over to clean out the land,
16 just trying to get it ready.
17 Q. And how long had y'all been working on that
18 land?
19 A. Up until the time we moved?
20 Q. Yes.
21 A. Probably about eight and a half months.
22 Q. Now, who would work on the land most of the
23 time?
24 A. My husband.
25 Q. And that's Coley McCraney --

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1 A. Yes.
2 Q. -- sitting at counsel table in the middle?
3 A. Yes.
4 Q. Mr. McCraney, when he was home -- well, how
5 often did he come home?
6 A. Like, once a month, at the most.
7 Q. So he'd be gone -- what -- 28 days in a row
8 on the road?
9 A. Yes.
10 Q. And do you know what route -- where did he
11 go; all over the country?
12 A. All over.
13 Q. Do you know whether or not he had a cell
14 phone at the time?
15 A. We had pagers.
16 Q. And, again, for this record, what is a
17 pager?
18 A. It's like a beeper that you would call, and
19 it would send off a message.
20 Q. You couldn't talk on it?
21 A. No, sir. We used prepaid phone cards.
22 Q. Okay. So if you wanted to speak to Coley
23 McCraney prior to July of 1999, you had to call
24 him --
25 A. I would beep, yes, the pager.

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1 Q. -- by beeping him first?

2 A. Yes, sir.
3 Q. And then he'd go to a pay phone and call
4 you?
5 A. Yes, sir.
6 Q. Is that what your process was?
7 A. Yes, sir.
8 Q. When Mr. McCraney got home -- would come
9 home after his trips, what would he do on those days
10 he was off?
11 A. He would take one day to be with me, and
12 then the next day, he would try and spend on the
13 land.
14 Q. And so, on July the 31st, 1999, y'all were
15 almost ready to move into the land -- on the land?
16 A. Yes.
17 Q. You were only lacking -- what -- putting a
18 mobile home up?
19 A. Yes.
20 Q. And, just for the record, I think there's
21 been some talk at the prelim about Mr. McCraney
22 absconding or leaving the state or moving off when
23 this happened; do you remember that?
24 A. Yes.
25 Q. Have you measured how far it is from where

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1 you lived prior to 1999 -- I'm sorry -- prior to

2 July 31st, 1999, and where y'all moved to?
3 A. Yes, about three miles.
4 Q. Okay. And so tell me on the record: Who
5 was the neighbor of the house that you moved to?
6 A. His mother.
7 Q. So he moved three miles from his mother's
8 house?
9 A. Well, next-door to his mother's house.
10 Q. So if someone said that y'all moved off,
11 again, how far was it?
12 A. Like, three miles.
13 Q. Now, I'll take you up to that night in
14 1999, July the 31st.
15 A. Okay.
16 Q. Was there anything different about that
17 evening than normally when Coley McCraney was home?
18 A. No more than the car breaking down that
19 night.
20 Q. When did he come home that day from the
21 road? What day did he come home from the road?
22 A. He came home the day before, like the 30th.
23 Q. Which would have been Friday, July the
24 30th?
25 A. Yes, sir.

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1 Q. What did he do on July the 31st?

2 A. On July the 31st, I went to work, and he
3 told me he was going to the land to work.
4 Q. Okay. And is that what he did that day?
5 A. Yes.
6 Q. Do you remember what time he got home that
7 evening?
8 A. Well, I went to the land first. And then
9 he got home around 8:20 that night, a little after
10 8:00.
11 Q. And in July and August, it doesn't get dark
12 real early. When he got home, was he sweaty? Had
13 he been working?
14 A. He had been working in the yard, yes.
15 Q. What did he do?
16 A. He took a shower.
17 Q. And then how long did he stay there before
18 he left?
19 A. Just about an hour or two.
20 Q. And so he left again at what time?
21 A. It was before 10:00.
22 Q. Where did he say he was going?
23 A. Back to Johntown.
24 Q. And why?
25 A. He wanted to go back and spend some more

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1 time with his family.

2 Q. Because he had been gone for several weeks?
3 A. Yes.
4 Q. And he wanted to see his mother?
5 A. And his son.
6 Q. And his son, just for this record, what is
7 his name?
8 A. Jaquez McCraney.
9 Q. And how old was he?
10 A. About five or six.
11 Q. And Coley McCraney had custody of that
12 child; did he not?
13 A. Correct.
14 Q. Who kept the child while Coley was on the
15 road?
16 A. His parents.
17 Q. So, after working all day, he wanted to go
18 back to Johntown to spend some time with his mother
19 and his child?
20 A. That's correct.
21 Q. Do you remember anything else -- what time
22 did Coley McCraney get home on the eve of July the
23 31st and the morning of August the 1st?
24 A. It was right before 1:00.
25 Q. Okay. So when you say right before, just

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1 for this record, what does that mean?

2 A. That he knew he had to be home before 1:00.
3 That's why I know it was before 1:00.
4 Q. Tell me what you meant by he knew he had to
5 be home before 1:00. What's that mean?
6 A. Because we had a rule that after 11:30, the
7 chain was on the door, but if he came home after
8 1:00 for me not to open the door because he wouldn't
9 come in after 1:00.
10 Q. Did your kids have that rule?
11 A. Our kids don't stay out past 11:00.
12 Q. Now, that evening, when he came home --
13 what time, again, for this record, did you say he
14 got home?
15 A. Right before 1:00.
16 Q. And when he got home, where were you
17 located?
18 A. On the couch.
19 Q. You were off the next day, I guess, on
20 Sunday?
21 A. I was.
22 Q. And you were watching TV?
23 A. Yes.
24 Q. And the chain was on the door?
25 A. Oh, yes.

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1 Q. So you had to -- he had to open the door

2 and go through you?
3 A. Yes, that's correct.
4 Q. When he got home at around 1 o'clock --
5 before 1 o'clock, what did y'all do, if anything?
6 A. Well, he told me that I needed to go jump
7 the car off, and I had the tools and the jumper
8 cables in my car.
9 Q. Now, this was -- just for this record
10 again, this would have been the morning of August
11 the 1st?
12 A. Yes.
13 Q. Am I correct?
14 A. Yes, that's correct.
15 Q. So is it your testimony, then, that you all
16 left the home after 1 o'clock on August the 1st?
17 A. Yes.
18 Q. And tell me where you went to work on his
19 car.
20 A. The gas station.
21 Q. And which gas station are we talking about?
22 A. I can't think of what the name of it is
23 right now because it's changed so much. The Big
24 Little.
25 Q. And then you dropped him off, or did you

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1 jump him off?

2 A. No. I stayed, and he had to work on it for
3 just a little bit. And then I followed him.
4 Q. How long did he work on it?
5 A. We weren't there not even ten minutes.
6 Q. And so did you have to jump the car off?
7 A. Oh, yes, sir.
8 Q. And once you jumped the car off, where did
9 y'all go?
10 A. Home.
11 Q. And what time do you think you got home
12 that evening?
13 A. We were home about 1:20.
14 Q. 1:20?
15 A. That morning --
16 Q. The morning of --
17 A. Yes. I apologize. August 1st.
18 Q. -- August 1st?
19 A. Yes, sir.
20 Q. So you were with Coley McCraney from
21 somewhere around 12:45 to 12:50 to when the next
22 day?
23 A. I was with him until, like, that evening of
24 the next day.
25 Q. Okay. So from 12:45 or before 1 o'clock on

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1 August the 1st, your testimony is that you were with

2 this man, with him in your sight, until the next
3 evening; that is, Sunday evening, August the 1st; am
4 I correct?
5 A. That's correct.
6 Q. And where did he go then?
7 A. That next morning?
8 Q. Yes.
9 A. We got up and went to Walmart and got his
10 supplies for the road, and he pulled out that
11 evening.
12 Q. When you say pulled out, what's that mean?
13 A. I took him to his truck. And he got in his
14 truck, and he drove off. He went over the road --
15 back over the road.
16 Q. And did he have his beeper with him?
17 A. Oh, yes.
18 Q. When would you have talked with him or
19 spoken with him again?
20 A. Probably, like, three days. I never
21 expected a call before then.
22 Q. And tell me about when Coley McCraney was
23 called by Marlos Walker in 2019. Do you remember
24 that?
25 A. I remember him telling me about the call,

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1 yes.
2 Q. The call was for Coley to go down there and
3 give some DNA?
4 A. That's -- no.
5 Q. What was it for?
6 A. He wanted him to come and look at a family
7 tree.
8 Q. Okay. Who called?
9 A. Marlos.
10 Q. And what did Coley do?
11 A. He called me and told me that Marlos had
12 just called and told him about that, and he told him
13 that he would be coming and that he could come there
14 whenever he got to the house.
15 Q. Now, just for the record, Marlos and Coley
16 were good friends -- not good friends -- high school
17 friends or knew each other in high school?
18 A. They knew each other in high school.
19 Q. And did it ever dawn on you how Marlos got
20 y'all's phone number?
21 A. No. To this the day, we don't know.
22 Q. So he did have a cell phone in 2019?
23 A. We had two cell phones.
24 Q. But in 1999 and 2000, you didn't have one?
25 A. No, sir.

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1 Q. When did y'all get a cell phone, by the

2 way?
3 A. Probably, like, in 2001, when my son was
4 born. That's when we were more fluent with the
5 phones.
6 Q. Do you remember the evening that Marlos
7 Walker called Coley McCraney and asked him to come
8 down?
9 A. No.
10 Q. Do you remember going down with him?
11 A. I drove him there.
12 Q. So you drove Mr. McCraney to where? The
13 Ozark Police Department?
14 A. Yes, on January 24th.
15 Q. Tell me, if you remember: Who was present
16 at the Ozark Police Department on that afternoon?
17 A. In the room with us?
18 Q. Yes.
19 A. It was Mr. Marlos, and it was another guy,
20 a Caucasian guy. I'm not sure who he was.
21 Q. And do you remember the conversation
22 between Marlos and Mr. McCraney?
23 A. The part when they let me in the room, yes.
24 Q. What did they say? What did you hear
25 Marlos say?

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1 A. When I walked in, he was trying to explain

2 that he had went over a list with Coley, but Coley
3 didn't know anyone on the list. And he asked me did
4 I know anything about the crime that happened 20
5 years ago, and I told him who didn't.
6 Q. Hold on a second. Did he say crime, or did
7 he name specific people?
8 A. He did not name specific people.
9 Q. Okay. What did Marlos say again?
10 A. He asked me did I know about the crime that
11 happened, you know, 20-something years ago or 20
12 years ago, and I told him who didn't, you know, and
13 that he had a list and that he thought if he got
14 Coley's DNA that he would be able to broaden that
15 list.
16 Q. And what was your response, and what was
17 Coley's response to that?
18 A. He looked at me and said: J, what do you
19 think? He said: I have nothing to hide. And I
20 said: Well, if you do him, you've got to do me.
21 Q. So your husband, Coley McCraney, sitting at
22 counsel table, said: Yeah, I'll be glad to; I've
23 got nothing to hide? Is that what he said?
24 A. That's correct.
25 Q. And he told Marlos Walker that?

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1 A. Yes.
2 Q. But you told Marlos Walker, hey --
3 A. If you test him, you've got to test me too;
4 I've got the same thing he has.
5 Q. And he tested him?
6 A. That's correct.
7 Q. And your husband, Mr. McCraney, cooperated?
8 A. That's correct.
9 Q. And he didn't ask for a lawyer?
10 A. No.
11 Q. He said: Sure I'll be glad to?
12 A. Yes.
13 Q. There wasn't a court order in place?
14 A. He asked him did he need a lawyer for
15 something like this, and he said: No, no, no; you
16 won't need a lawyer for something like this.
17 Q. So there was no -- let me get this again.
18 So Mr. McCraney asked Marlos Walker would he need a
19 lawyer?
20 A. Yeah, because he said he only had did it
21 for, like, child support, you know.
22 Q. So he thought it was child support?
23 A. That's the only time he's ever given -- you
24 know, like, did a swab, was for child support.
25 Q. Okay. And what happened after that? Did

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1 you all go home?

2 A. After my daughter called and told us about
3 an incident that was going on. They were talking
4 about basketball, and Marlos was inviting him to
5 play in a game with him on that Monday or Tuesday.
6 And I interrupted them and told them I needed to go
7 home because our daughter needed us. And Marlos
8 proceeded to say that if he lived in Dothan, he
9 would take care of the issue for us. And then he
10 asked Coley: Will you still be able to come and
11 play ball? And Coley told him: Remember, I'm going
12 the back over the road. And he told him he would
13 contact him.
14 Q. So Coley went to work the next day?
15 A. That's correct.
16 Q. And, I guess, he got another call some time
17 later -- maybe two months later or three months
18 later?
19 A. The week of -- the week that he was
20 supposed to go with my daughter to her first college
21 visit, he got a phone call. And he told Marlos that
22 he would be coming home because he had to leave that
23 weekend with my daughter, so he would stop through
24 on the way in.
25 Q. Okay. I want you to slow down a second.

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1 Your daughter -- what's your daughter's name?

2 A. Alicia McCraney.
3 Q. And how old was she then?
4 A. She was going on 17.
5 Q. And where was she going to college?
6 A. She was going -- she had just got admitted
7 into UNA, the University of North Alabama.
8 Q. So Coley was coming home from the road to
9 take her to college?
10 A. Yes. He was going to take her for her
11 first college visit.
12 Q. Okay. And then what happened next? Did
13 Marlos call Coley? Do you know what happened?
14 A. Well, when he called him -- Coley had been
15 trying to contact him because his load the day
16 before that he was actually supposed to get here was
17 late. And they wouldn't take his load, so it pushed
18 him into the next morning. So when Coley called me,
19 he told me that he had been trying to reach out to
20 Marlos, but every time he called, they told him
21 Marlos was in a meeting. So I told him just to keep
22 calling. So he would keep calling because he said
23 he didn't want nobody to think that he wasn't going
24 to show up. That's just who he is. So he kept
25 calling, and, eventually, I didn't hear anything

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1 else.
2 Q. So prior to -- again, I digress one second.
3 How did you remember July the 31st or
4 August the 1st when his car tore up? What made you
5 -- what jogged your memory as far as that goes?
6 A. The crime itself.
7 Q. Okay. You saw it in the paper or heard
8 about it or what?
9 A. Yes.
10 Q. Did y'all get a Dothan Eagle, or did you
11 hear about it from somebody else?
12 A. My mom.
13 Q. Your mom lives in Dothan?
14 A. Yes.
15 Q. And she told you about it?
16 A. Yes.
17 Q. And then you thought, well, I was with
18 Coley last night, and we were around that area,
19 right?
20 A. Yes, that's correct.
21 Q. Is that what made you remember it?
22 A. Yes.
23 MR. HARRISON: Okay. Give me one second,
24 please.
25 Thank you, Your Honor. I have nothing else

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1 for this witness.

2 MR. EMERY: Your Honor, first of all, I'd
3 like some clarification from the Court on why
4 we're here today. It seems to me that they filed
5 a motion that they were going to prove that a
6 third person was responsible for this crime and
7 not just give us a narration of what his wife
8 would like us to hear. What's relevant to this
9 motion today?
10 THE COURT: Well, I mean, I assume there was
11 some point to him calling this witness. I'm
12 going to give him a little leeway to figure out
13 what that point is. But your objection is
14 well-taken, and I understand what you're saying
15 based on the testimony. But I'm assuming that
16 it's to lay a foundation for what he's going to
17 present to us today.
18 MR. HARRISON: That is exactly correct, Your
19 Honor. It's foundation under 104, and that's
20 what we're here for, to build this record. And
21 that's we're trying to do. Your Honor issued an
22 order, and we're here to fulfill the obligations
23 of that order.
24 THE COURT: All right. Of course, the
25 testimony today has to be evidence concerning

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1 that some other person comitted this crim.

2 MR. HARRISON: Yes, sir. And he was home at
3 12:45, and we're going to move forward from that,
4 if we can.
5 THE COURT: Okay.
6 MR. HARRISON: Thank you, Your Honor.
7
8 CROSS-EXAMINATION
9 BY MR. EMERY:
10 Q. Ma'am, when you were talking to the police
11 and they told you that your husband had ejaculated
12 and left sperm on a dead girl --
13 A. Uh-huh.
14 Q. -- do you remember your response?
15 A. That's not exactly what they said.
16 Q. Well, I'm paraphrasing it. I wasn't there;
17 you were.
18 A. Yes.
19 Q. But do you remember what your response was?
20 A. They asked me -- they showed me a file.
21 And they said: Do you know what's in this file;
22 your husband's DNA is all on the top. I said:
23 What; did he sleep with somebody? That's exactly
24 what my response was.
25 Q. You said that all that proves is that he

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1 had sex with her?

2 A. No, I didn't say all that proves.
3 Q. Well, you said that's what it proves, that
4 he had sex with her?
5 A. I said: What did he do; sleep with
6 someone?
7 Q. So do you have any other explanation of why
8 he ejaculated on a dead girl?
9 A. No more than they had sex or just some kind
10 of relations.
11 Q. When did you two get married?
12 A. We got married in 2001, June 25th.
13 Q. So, at the time that this happened that
14 you've been talking about, you were not married?
15 A. No, we were not.
16 Q. Okay. Now, had he ever mentioned this to
17 you before?
18 A. Mentioned what, exactly?
19 Q. That he had sex with these girls from
20 Dothan?
21 MR. HARRISON: Judge, let me object.
22 A. No, he did not.
23 MR. HARRISON: Give me one second. I just
24 want to object, Judge, because the only time that
25 the rules do apply is for a privilege, and the

MISTY PERRY WHITWORTH, CCR #371

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 27

1 marital privilege, obviously, invokes that.

2 MR. EMERY: They weren't married at the
3 time.
4 THE COURT: Overruled.
5 Q. (By Mr. Emery) So did he ever tell you that
6 he had sex with the two girls from Dothan?
7 A. No.
8 Q. So this was new to you when he was arrested
9 for murder and rape?
10 A. It was new to me that you all said that he
11 had sexual relations with that young lady. That's
12 what was new to me.
13 Q. You knew nothing about it?
14 A. I knew nothing about J. B., no.
15 Q. Or any other girl?
16 A. I knew something.
17 Q. Did he mention anything to you about having
18 sex with two teenagers from Dothan at any time?
19 A. No, he did not.
20 Q. Do you have any other explanation as to why
21 his semen was on a dead girl?
22 A. No more than what I mentioned, that that
23 means they had some kind of sexual encounter.
24 Q. So you admit that that's what it proves?
25 A. That's all it proves.

MISTY PERRY WHITWORTH, CCR #371

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 28

1 MR. EMERY: Okay. Thank you.

2 MR. HARRISON: Nothing further. You can
3 step down. Thank you, ma'am.
4
5 (PROCEEDINGS CONCLUDED)
6
7
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10
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12
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18
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21
22
23
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25

MISTY PERRY WHITWORTH, CCR #371

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 29

1 REPORTER'S CERTIFICATE
2
3 STATE OF ALABAMA )
4 COUNTY OF DALE )
5
6 I, Misty P. Whitworth, CCR, Certified Court
7 Reporter in Alabama, do hereby certify that the
8 foregoing transcript, pages 1 through 29, is a true
9 and correct transcript of the testimony, to the best
10 of my ability and understanding; and that the same was
11 taken down by me in stenographic shorthand, recorded
12 electronically, and transcribed by me personally or
13 under my direct supervision.
14 I further certify that I have no interest in this
15 matter, financial or otherwise, or how it may develop
16 or what its outcome may be. I further certify that I
17 am not of counsel for any parties, nor am I related to
18 counsel or litigants or associated with anyone
19 connected with this cause to my knowledge.
20 WITNESS my hand this the 13th day of January,
21 2023.
22
/s/ Misty P. Whitworth
23
Misty P. Whitworth, CCR (#371)
24
Notary Public, Alabama-at-Large
25
My Commission Expires: 7-1-2023

MISTY PERRY WHITWORTH, CCR #371

OFFICIAL COURT REPORTER