The following are the statements made by Latoya at trial.  This is the basis and beginning of the events that lead to Shaun's conviction of capital murder.

Saturday, July 12th

Question 1:

What information had Kedran gotten from Latoya?

Statements:

T\Direct by Windham\p119  Latoya: 2Q What did you tell him? 3A I told him that my mom had got shot. 4QThat’s basically it? 5A Yeah. I couldn’t tell him what happened.

T\Direct by Windham\p 119  Latoya: 7Q Did you tell him who did it? 8A I told him--he was asking, and then he was hollering because he couldn’t believe it. 11A And I just --I gave the phone to my friend. 12Q Did you tell him any names when you talked to him on the phone? 15A I don’t think so.

T\Windham P73\first trial      Latoya: 5Q Did you ever try to contact your stepfather? A. Yes. Q How did you do that? 8A. I paged him. 14Q Did you ever hear from him? 15A Yes. 16Q Did you tell him what happened? A. Yes.

Issue:

When she is asked what information she gives Kedran her answer changes. Perhaps, the first time she is asked is inconsistent from the second time she is asked; however, in the second statement her answer clearly changes from I told him, to I don’t think so.

Question 6:

When Waters indicated Latoya stated, " they were looking for dope" was that a result of Easterling’s question based upon a report or his recollection of the events that took place that night?

Statements:

T\Cross by Easterling\p43   Waters: 4Q --you’ve done a summary of those interviews in your report, correct? 6AYes. 7Q You don’t do that immediately. You usually take notes; and, then, later you type it at the homicide office. 13A Correct. 18Q Did you keep those hand written notes? 19A NO. 23 So, we don’t have those to inspect today, do we? P44 but you remember what the demands were, that were told you, by the two boys that were in the house, what they were demanding. You remember that--don’t you? --what Miss Hill was telling you. 11A. Specific to what she was saying? 12Q Yes 13A Yes. 14QAnd one of those demands that she was telling you was dope. 16A Correct. 17QAnd, so this is when it’s fresh. 20 Miss Hill was telling you one of the demands was for dope; correct? 22 Correct.

T\Cross by Windham\p85   Waters: 25Q And is that synopsis based upon everything you learned in talking to everybody that you talked to? 3A. At that point, yes. 4Q Including Windeon Sanders--5A Yes. 6Q-- correct? 10Q And it’s in that part of your report where you said something about they were demanding money, jewelry, guns, and dope-- 13A correct. 15Q And, again, that’s based up talking to everybody, not just Latoya Hill, correct? 18A Right.

T\Redirect by Windham\p84   Waters: 4Q Officer Waters, I believe the first thing that Mr. Easterling asked you about was a summary in your police report, some parts of the police report where you were basically just summarizing the whole case. P85 6Q Do you have Supplement 2? 7AYes. 8Q Now, is that a --basically a summary of your interview with Latoya? 10A Yes, it is. 11Q And did you put in that summary everything that Latoya told you? 13A I paraphrased it.

Issue:

The following evidence will show several things:

A. Waters in his summaries took information from one persons words and gave them to another as if a direct quote, from particulary, Shaun Sanders. He gave answers regarding one persons feelings based upon another's feelings. 

B. Easterling asks Waters for the notes to inspect and because he does not have them, then specifically asks him what did Latoya say the demand was for, which contradicts Latoya’s testimonies. This is contrary to Windham’s statement, but Easterling does not correct this.

Question 7:

Who did she recognize KiKi to be at the scene, according to the officers?

Statements:

PT\Cross by Easterling\p 58 & 59  Swaim: 1 It is my understanding that Latoya Hill thought that the second person in the beginning was KiKi Sanders, or LeKeith Sanders. 5A That’s correct, sir. 6Q And she identified him as being the second person, right? 8A She actually identified--she had known LeKeith Sanders before. So, she actually identified LeKeith Sanders as being the person that she knew as KiKi. She didn’t identify him as being at the scene, she just identify him as being the person that she knew as KiKi Sanders. 18Q So, you don’t ever recall her telling you that KiKi was at the scene. She’s saying that KiKi was at the scene. That’s what she said. 23Q What I’m trying to get at is she didn’t see his face at the scene--but she knew him previously. P59 19A Actually what she said was her mother before she was murdered, said--kept calling one of the guys "KiKi".

T\Direct by Windham\p360   Waters: 6Q Does she make any identification of him as being one of the people involved in the killing of her mother? 9A Only from the verbal mention of the -- 11A --of the name KiKi that her mother had said. 18Q She didn’t say that was the guy who was involved in the killing of her mother? 20A No, she did not.

T\Direct by Windham\p276   LeKeith: 9Q Do you remember talking to a detective down there by the name of Fil Waters? 11A Yes. 15Q He told you that they had some information that a guy named KiKi was involved in the killing of Miss Shelby, didn’t he? 18A Yes.

T\Cunningham P91\first trial   Latoya: 5Q When the stranger came in (Shaun) you did not recognize the individual, you didn't know who it was? A. I kind of had a feeling who it was but I was not sure because-- Q. Your feeling was based on your what your mother said later on that it was Kiki Sanders? A. No. Q Who did you think it was? 13A I thought it was Kiki when he first came in here because I done heard Kiki talking and I know how he look. 16Q Because this is your step-dad Kiki Shelby? 17A I'm talking about Kiki Sanders. 18Q When the person walked in you thought, had a hunch a feeling that it was Kiki Sanders? A. Yes.

Issue:

The police are trying to cover the events that took place during the initial investigation of the scene. The police are consistent with Windham that she names him only based upon her mother. However with Easterling, they contradict themselves and other evidence presented by Latoya and LeKeith.

Question 8:

Who did she recognize KiKi to be at the scene, according to Latoya?

Statements:

T\Direct Windham\p123   Latoya: 2Q How did you know this person named KiKi? A. He used to hang with my daddy--8A --my stepfather. 12Q Did you know his name? 13A No. 14Q You just knew him as "KiKi"? 16 You didn’t know his full name? 17A No.

T\Direct Windham\p123   Latoya: 22Q When you heard your mother calling the first guy "KiKi", did you think it was the KiKi that you knew? 25 yes. P124 2A That’s the only other person I knew named Kiki. 4Q Did you hear that person talking and speaking? 6A Yes. Did that person sound like the KiKi that you knew? 9A Yes.

T\Direct Windham\p134   Latoya: 1Q Did he (KiKi) know Phyllis, your mom? 2A Yes. 3Q Were they friends at one time? 4A Yes.

T\Direct Windham\p134   20Q To your knowledge, did your mother think that KiKi had stolen her jewelry? 22AYes. P135 6Q Is that when there friendship with KiKi ended? 8A Yes. 9Q Because they thought he had stolen the jewelry, right? 11A Yes.

T\Direct Windham\p37   Latoya: 12Q Your mother said that -- 14Q -- you know somebody stole my jewelry, KiKi" 16A Yes.

T\Direct Windham\p42   Latoya: 42Q 1 Earlier you mentioned that the first man had a rag around his face from here down (indicating). 4A Yes. 8A It just covered the same amount of part. 9QLike, from -- the half -- from the nose down? 11A. Yes.

T\Direct Windham\p44   Latoya: 12 When your mother called the first guy "KiKi" was that before the second man came into the room? 15A Yes.

Issue:

The police stated that Latoya did not say LeKeith was at the scene? However, her testimonies are consistent that she did believe it was KiKi (Lekeith), even when she tried to "clear up" what she stated, her current testimony became contradicted It should not have ever of been unclear who KiKi (LeKeith) was because they knew him.

Question 9:

Who did the police obtain warrants on and why?

Statements:

T\Direct by Windham\p361   Waters: 7Q. Did you obtain warrants, or --did you file 8 charges or obtain warrants? 9AWe filed charges and obtained warrants on 10 LeKeith Sanders and did not do that on 11 Windeon at that time.

T\Direct by Windham\p361   12Q. All right. So, what was the basis of that:? 13 I mean, you knew about Miss Shelby 14 giving us the name KiKi; and this girl knew a 15 KiKi. 16 Was that the basis of your filing 17 on LeKeith Sanders? 18A Yes.

T\Direct by Windham\p361   Waters: 22 All right. But other than LaToya 23 telling you that Windeon Sanders was the man 24 that shot her mother, did you have anything 25 else on him at that time? P362 1A. Not really, no.

Issue:

The police could have filed charges on both Lekeith and Windeon and the reasons why they did/not.

Question 10:

Why was LeKeith placed under arrest?

T\Direct by Windham\p274    LeKeith: 24Q Did you learn why you got arrested? 25A yes. P274 1Q Did you learn that there was a warrant out for your arrest for capital murder -- 3A Yes. 4Q -- in fact, the capital murder of Phyllis Shelby? 6A Yes.

T\Direct by Windham\p276    LeKeith: 9Q Do you remember talking to a detective down there by the name of Fil Waters? 11A Yes. 15Q He told you that they had some information that a guy named KiKi was involved in the killing of Miss Shelby, didn’t he? 18A Yes.

T\Direct by Windham\p289    LeKeith: 2Q Well, I mean, you know, they didn’t let you go after they arrested Windeon, did they? 4A No. 5Q And you got the indication from them that they still thought you might have been involved, didn’t you? 8A Yes.

LeKeith was clearly the suspect being pursued for the murder.

Phase one: The initial meeting

PT\Direct by Windham\p16      Swaim: 16A. I asked him if he would have a seat in one of 17 our interview rooms. 18I believe it was Interview Room 19 No.2. 20 I explained to him that he was not 21under arrest, he came down on his own, he was 22 free to go anytime he wanted to, if he'd sit 23 there in the interview room I'd be with him in 24 a minute. 25 And then I went and spoke briefly P17 1 with his brother Patrick and Karmisha.

PT\Cross by Easterling\p68    Swaim: 13 I escorted Shaun back there and asked him to have a seat there in a chair in interview room No. 2 and at that time I explained to him that, you know, "You’re not under arrest. You’re not in custody. You know, you can leave if you want to tell your story"-- and he was real adamant about wanting to talk to us. I said, "If you’ll just give me a few minutes"-- I wanted to talk to Patrick and Karmisha--and then I’ll be right back with you." 25 and he agreed to all that.

PT\Direct by Windham\p103    Waters: 9 Initially Sergeant Swaim and I both went into the room about 12:10.

PT\Direct by Windham\p17      Swaim: 20 A. I believe I had just finished speaking briefly 21 with Patrick and Karmisha when he arrived. 22 Like I said, he got there about noon. 23 And about 12:10, then, we began to 24 talk to Shaun 25Q. Okay. So, when you actually went back to P18 1 Shaun Sanders to talk with him, you were 2 actually with Investigator Waters at that 3 time; is that -- 4 A. That's correct, sir. 5 And that was about 12:10.

T\Direct by Windham\p386 &387      Waters: 23A He had already separated the three individuals that were there and was already talking to Shaun. P387 20A I went directly to where he was. 21Q What was he doing at that time? 22A He was talking to Shaun. 23Q Did you then join in that conversation-- or that meeting with him and Shaun Sanders? P388 1A Yes-- at that time. 10A We got -- actually we got in the room together around ten after 12:00. I, really was just more listening than entering into the discussion. 16Q You’ve got me confused now. You said, "We got in to the room together." Was he already in the room with Shaun when you got there --Sergeant Swaim? 21 Sergeant Swaim and I, together with Shaun-- around 12:10.

T\Direct by Windham\p390      Waters-- 10Q I thought what you told me earlier was that you got there, you walked in the room, and Swaim is already in the room with him. 20Q Clear that up for me. 21A We met together when I got to the office, at about ten after 12:00.

T\Direct by Windham\P129    Swaim: 3Q Who did you talk to first? 4 A First of all, I asked the defendant Shaun Sanders to have a seat in one of our interview room No.2, as I recall. I explained to him that he was not under arrest, he was free to go, and that if he would wait there a few minutes I was going to talk to Patrick and Karmisha. P129 16A Their purpose, according to the defendant, was for an alibi. 18Q and did you talk with them about whether or not there would be an alibi for Shaun? 20A. I did. 21A And after talking to them, did you conclude that there was or was not one? 23A. There wasn't an alibi for him no.

T\Direct by Windham\p393    Waters: 3Q When he left out at 12:40 was he leaving to go get Windeon; or was he leaving to go talk to these other people? 7A He left at 12:40 to go retrieve Windeon. He had already spoken to the other two.PT\Cross by Easterling\p69 &70Swaim: Q And when you talked to him in the interview 1 room and he’s giving you this alleged alibi story, you’re not believing it, are you? 3A Well, I definitely had some questions about it; and that’s why I left and went to talk to Patrick and Karmisha about it, you know--because it was kind of unclear--you know, he’s saying one thing: and I wanted to make sure it matches with what they say.

PT\Cross by Easterling\p24     Swaim: 3Q After you let Patrick Sanders visit with Windeon Sanders for five minutes--what happened after that? 10A I had some more discussions-- a little bit more discussion with Patrick and with Karmisha. At that time I asked them if they would have a seat out in our lobby area. And I went and talked to Waters outside the room, as I recall and told him some things that Patrick and Karmisha had said that would somewhat dispel Shaun’s alibi.

PT\Cross by Easterling\p30    Swaim: 1Q Had Shaun told you-all where he was? 5A He was supposed to have been at the apartment

PT\Direct by Windham\p19    Swaim: 1Q Okay. Well, what did he tell you? 2A Basically he said that he wasn’t near the apartment that night, that his brother Windeon had left to do this, that he got there later on. 6 He produced a receipt, I believe from a Fiesta store dated July 13, 1997, at 12:34 a.m. in the morning to prove that he had been at the store. 11A And was telling us that Patrick, his brother, could shore up his alibi about him being at the apartment and not leaving and also--that Karmisha could do that, also.

PT\Redirect by Windham\p94     Swaim: 9A If I am not mistaken, I think that he gave us some time period -- and I can’t quote the times -- that he was over at Windeon’s apartment, that he had gotten over there at a certain time. 14 I don’t recall when it was. 16A And then he said that he left, you know, and went to this Fiesta store and that’s the only time he had left. And that was basically his alibi. 21A Of course, he was wanting us to talk to Patrick and Karmisha about that.

PT\Direct by Windham\p105     Waters: 11A He was telling us that he was nowhere near the area, that he had, in fact, gone to the Fiesta store in his girlfriend’s car to get something for her; and he even produced a receipt from that Fiesta store that was dated the 13 of July ‘97 at 12:34 a.m.

PT\Direct by Windham\p18    Swaim: 6Q What happened when you-all went back in there to talk with him? 8A He basically was just telling his side of the story--you know, that he wasn't there- -and he was giving us some alibi issues and so on and so forth.

T\Cross by Easterling\p56    Waters: 10 It was a reasonable deduction from Shaun’s attitude, his demeanor, his description of everything that happened that he wanted to come down and make sure that nobody was swearing or giving a statement that he had murdered Phyllis Shelby or shot her. 17A I think that’s accurate, yes.

PT\Direct by Windham\p110    Waters: 9Q Was that Shaun that said it was his girlfriend, or did she say it? 11A I didn’t talk to her. I think that was the information passed on to Sergeant Swaim. And, of course, when Shaun showed up with them, his explanation of who these people were was that one was a girlfriend and then the other was a brother.

PT\Direct by Windham\p106    Waters: 16Q Did he continue talking to you about his alibi and where he was? 18AWe just continued to talk. It was more of a --just a discussion.

T\Redirect by Windham\p92    Waters: 14Q He brought an alibi. 15 A. That was the first words out of his mouth. 16Q "These are my alibi witnesses--Patrick and Karmisha." 18A. That’s correct.

PT\Direct by Windham\p104    Waters: 9A Well, he first wanted to--Shaun wanted to let us know that-- the first thing out of his mouth was he wanted to let us know that he was no where near the homicide that had occurred on Kitty Brook.

PT\Direct by Windham\p24    Swaim: 18Q What were those things that they had said? 19A Well, basically Patrick had said that he had arrived at the apartment in question sometime after midnight. Of course, we knew that the murder happened around 11:15; so, he must have come after the incident had occurred. And Karmisha had also said that Shaun and Windeon had left for some time during the P25 night there-- she wasn’t sure exactly what time it was --but they had left --4A --together. 5 And, also the receipt issue. 10 So that’s kind of dispelling?

T\Direct by Windham\p392    Waters: 16Q Why did Sergeant Swaim go and get Windeon? 18A It was our thought that--well, eventually -- 20 Let me ask you this, and I’ll come back to that. Did you or Sergeant Swaim ever talk to either of the other two people that had arrived at the police department with the defendant, Shaun Sanders?

PT\Direct by Windham\p110    Waters: 22 I think that was actually the reason why Sergeant Swaim had gone to get Windeon--because he had talked to Patrick and actually Patrick had requested if he could speak with Windeon.

PT\Direct by Windham\p27    Swaim: 1A I believe I explained it to him outside and then we went inside and Waters explained these issues--5A --to Shaun. 6Q And how did Shaun Sanders react to this new information that you-all just gotten from Patrick and Karmisha? 9A He seemed to be somewhat concerned, and then he asked if he could speak with Windeon. 11Q And were you present when he made that request? 13A Yes.

PT\Direct by Windham\p111    Waters: 4Q Now, at any point in time after Sergeant Swaim went to get Windeon, did he ever return to Interview Room 2, where you were talking to Shaun? 8A He came back in the interview room. And at that point Shaun and I had talked, and Shaun had indicated then he did wish to speak to Windeon. 12Q Okay. All right. Did you-all let him do that? 15A Yes, we did.

PT\Direct by Windham\p110    Waters: 18Q Do you know, I mean, that Sergeant Swaim, at some point in time, let Patrick talk to Windeon? 21A Yes. Yes he did.

T\Direct by Windham\p414    Waters: 13A I don’t know. I don’t have any personal knowledge of that. 18 To your knowledge, had he allowed Patrick to visit with him? 20A Patrick had talked to Windeon.

PT\Direct by Windham\p23    Swaim: 20Q. You don’t know what’s going on between him and 21 Shaun at that time, do you? 22A. No. 23 Well, he's in and out of the room. 24 I'm not sure he's in there the whole time. 25 But, you know, we’re having P24 1 discussions, also --myself and Waters.

PT\Direct by Windham\p29    Swaim: Basically, you know, Shaun was telling them I wasn’t there?"T\Direct by Windham\p415Waters: 18 A The quote was "Why are you telling them it was me? You know it wasn’t me."

PT\Cross by Easterling\p70    Swaim: Did you ever repeat your alleged phrase that, "You’re free to go, and you’re not under arrest"? 16A I did--not that I recall, no.

PT\Cross by Easterling\p143 & 144    Waters: 23Q Did you ever tell him he was not under arrest? 24A I did not tell him that, no. 25Q Did you hear anybody else use those words? 4A Sergeant Swaim. 6AAt the very beginning of the interview, when we first began to talk to him.

T\Direct by Windham\p389    Waters: 7Q To your knowledge, at that point in time, was Shaun Sanders in custody? 9A No, he was not. 12Q He hadn’t gotten any kind of warnings? 13A No.

PT\Direct by Windham\p103 & 104    Waters: Q23 When you first went in there and talked to him, what happened? Who initiated the conversation? 104 1Q What was said if you remember? 2AWhen Sergeant Swaim and I went in? 3Q Right. When you went in--when you got there and you went in with Swaim to talk to him-- 7A Right. 8Q--what happened? 9A.Well, he first wanted to --Shaun wanted to let us know that-- the first thing out of his mouth was he wanted to let us know that he was no where near the homicide that had occurred on Kitty Brook.

T\Direct by Windham\p390    Waters: 1Q How do you know that had been explained to him? A. Sergeant Swaim explained that to him. 4Q Did you hear Sergeant Swaim explain that, or did Sergeant Swaim tell you that he had explained that to him? 7A Actually, I think both. He had told me that prior to my entering the room with him and-- 10Q I thought what you told me earlier was that you got there, you walked in the room, and Swaim is already in the room with him. 20Q Clear that up for me. 21A We met together when I got to the office, at about ten after 12:00.

PT\Direct by Windham\p17    Swaim: 20A. I believe I had just finished speaking briefly 21 with Patrick and Karmisha when he arrived. 22 Like I said, he got there about noon. 23 And about 12:10, then, we began to 24 talk to Shaun.

Phase two: After Swaim Leaves

PT\Direct by Windham\p26    Swaim: 18A Well, Waters explained those issues to him; and-- 20Q to-- 21A to the defendant. 22Q Did you go back into the room with Waters, or were you privy to that conversation? 25 Ibelieve I was in the room. P27 1 I believe I explained it to him outside and then we went inside and Waters explained these issues-- 4Q Okay 5A --to Shaun.

T\Direct by Windham\p412    Waters: 4Q When he came back in, did you get an indication as to whether or not he had talked to Patrick Sanders and to Karmisha, Shaun’s girlfriend? 8A yes. 19A He was sharing with Mr. Sanders what his brother had told him and what Karmisha had told him about that night. 22Q So, he’s telling -- now Sergeant Swaim is telling Shaun what he learned from Patrick and Karmisha? 25A Right.

T\Direct by Windham\p404    Waters: 14A Once Sergeant Swaim left, Shaun told me that Windeon had given him a .380-a black.380 semiautomatic pistol. P406 1Q What else did he tell you? 2A Then he indicated that Windeon and he had gone to his car, Shaun’s car, and retrieved some gardening gloves from the trunk. P408 5Q You asked him if he didn’t do it, who did? 10A His response was that someone from the Third Ward had gone with Windeon to Kedran Shelby’s house.

PT\Direct by Windham\p108    Waters: 8 And he then said that Windeon went to his car, to Shaun’s car and retrieved some gloves from the trunk of Shaun’s car which were --to Shaun’s description gardening type of gloves.

PT\Direct by Windham\ p106    Waters: 20 He was --I was asking him some questions then. I think he had finished his rendition of what he was talking about that--the night of the homicide, and he was—at that point I’m asking him some just general questions about what he was doing and who he P107 was with, had he come in contact with anyone that night that was related--that we knew was related to the homicide. 5A and he told me at that point that Windeon had been pestering him, basically, about going to KiKi Shelby’s house to take care of some personal business between KiKi and, I guess, some other--another brother.

T\Direct by Windham\p410    Waters: 12A And he talked about what he knew was going to happen and what he presumed was going to happen when Windeon went to Kedran Shelby’s house that night.

T\Direct by Windham\p411    Waters: 20Q At some point in time, did Sergeant Swaim ever come back-- after he had left to go get Windeon, did he ever come back into the room where you were talking with Shaun? 24A yes. He returned to the interview room.

PT\Direct by Windham\p113    Waters: 13 I also reminded him that he had already told us about the gun and about the gloves, about the plan to go to the house.

PT\Direct by Windham\p23    Swaim: 20Q. You don’t know what’s going on between him and 21 Shaun at that time, do you? 22A. No. 23 Well, he's in and out of the room. 24 I'm not sure he's in there the whole time. 25 But, you know, we’re having P24 1 discussions, also --myself and Waters.

PT\Redirect by Windham\p 94,95    Swaim: 23Q Well, you don’t know, of course, if he had told something else to Officer Waters when they were in there? 1A I don’t know what they discussed. No

PT\Cross by Easterling\p71    Swaim: 3Q Approximately four hours you’re orally talking to Shaun Sanders and the other people that came with him-- 6A I mean, I was in and out. 7Q--back and forth--8A correct. 9Q Correct?

PT\Cross by Easterling\p71    Swaim: 17Q All right. But you’ve testified the only details you were getting from him were, "I wasn’t there. Here’s my Fiesta receipt. I was at the apartment, " and that’s about it. P72 8 But, I mean there wasn’t any details besides he was there or he wasn’t there or when he was at the Fiesta to go over for four hours, right? 12A (indicating") 13Q For the record, your throwing your hands up. 15A I guess so. That’s what he was saying, yes.

Phase three: After D.A. Call

PT\Direct by Windham\p121    Waters: 11A Well, in between denials of pointing a gun at anybody, he indicated that apparently there was a struggle between Windeon and Miss Shelby and she had grabbed Windeon’s wrist and that’s when he heard a couple of pops. He heard the gun go off. And that’s when he shot her. 19Q Did he tell you that he saw that or that he heard-- 21A The inference was that he was there in the room when he saw--because he describes her grabbing Windeon’s wrist and that that’s when the gun went off. 25 But he didn’t specifically say that he saw that?

T\Direct by Windham\p13    Waters Q Did he indicate to you what his location was in the house at the moment of the shooting? 21A He was in the bedroom with Windeon and the girls and Miss Shelby. P12Q Did he say he saw the shooting? 13A Yes.

T\Cross by Easterling\p64    Waters: Q Mr. Windeon (sic) asked you, "Did he tell you that he saw the shooting?" And your answer under oath was, "yes" 8A yes. Q He didn’t say, "I saw that with my own P65 2A Not in those words, no. Q3 He didn’t say where he was when the shot went off, did he? 8A Not in those words, no. 6Q He didn’t tell you he was in the bedroom when the shot went off, did he? 8A Not in those words, no.

PT\Direct by Windham\p122    Waters: 17Q Did he tell you how many times Windeon shot Phyllis? 21A I do not recall Shaun being specific as to the number of times the weapon was fired--

Shaun Sanders’ written statement

Shaun: We got to the house and I was checking the area out and Windeon said, "Let’s go to the back...", And I was like let’s go to the front door and see if Kiki is at home so that we can confront him.

T\Redirect by Windham\p91    Waters: 11Q Now, did you form that opinion based upon not only what he told you but everything you’ve learned-- 15Q --even what Windeon told you? 16A. Yes. 20Q --it appeared, to you, just using common sense, that that’s what he meant-- they were going to do some physical harm to KiKi Sanders (sic) 24 A Absolutely.

PT\Direct by Windham\ p106    Waters: 20 He was --I was asking him some questions then. I think he had finished his rendition of what he was talking about that--the night of the homicide, and he was--at that point I’m asking him some just general questions about what he was doing and who he P107 was with, had he come in contact with anyone that night that was related--that we knew was related to the homicide. 5A and he told me at that point that Windeon had been pestering him, basically, about going to KiKi Shelby’s house to take care of some personal business between KiKi and, I guess, some other--another brother.

PT\Direct by Windham\p116    Waters: 4A Well, at this point Shaun is now telling me he was in the house. 14Q Now,at this time is he saying anything about wanting to mess with KiKi because of any problem he‘d had with his brother. 17A. Not at this point. I don’t recall any discussion. 19Q That story has changed to something else? 20A Now, it’s changed.

T\Cross by Easterling\p53    Waters: 12 Mr. Windham asked you did he tell you what "mess with KiKi Shelby" meant. And you testified "to hurt him physically." A. yes. 19Q Is that your interpretation of what "mess with KiKi Shelby" means, or is that Shaun Sanders’ words? 22A Those were not his specific words. 23Q So, that’s your opinion of what "mess with KiKi Shelby" means, correct? 25A yes.

T\Direct by Windham\p11    Waters: 9A He indicated that he and Windeon exchanged weapons two or three times.

T\Direct by Windham\p 6220    Q That’s not what he said, is it? What he said was they switched a couple of times; isn’t it correct? A Which would indicate twice.

Issue:

PT\Direct\p123    Waters: 7Q Did he tell you where they went when they left? 9A They went back to the apartment, apparently, where they had had a party.

PT\Direct\p123    Waters: 15Q Did he tell you anything about what he did after they--you know, after leaving the Shelby’s house and giving the black gun back to Windeon? 20A Well, he said he walked around and then returned to the apartment and then went to the store for his girlfriend.

Issue:

The evidence shows inconsistency/malingering as to what Shaun Sanders said. This is one of the most blatant, evil of lies. I believe it shows what he is capable of in assisting a person guilt. Do note the reference and how close he change one from statement to the other.

PT\Direct\p18    Swaim: 12Q By the way, did you read him his rights at that time? 14 A No. He wasn’t under arrest. 16Q Is that why you didn’t read him his rights? 17A correct. 18Q. --you didn’t have him in custody, you weren’t trying to take a custodial statement from him? 21A No.

T\Direct\p15    Waters: 3Q Now, after you placed him under arrest, did you have any desire to try to memorialize what he had told you in some form? A Yes, I did. 7Q What did you do in regards to that? 8A I asked him if he wanted to make a formal statement and gave him three methods by which he could do that.

PT\Direct\p127    Waters: 1Q Now, do you want to try to memorialize everything he’s said in a memorialized statement? 4A In a formal statement of some kind, yes 5Q Statement of person in custody? 6A Correct.

Issue:

The evidence shows the officers did not read him his rights initially because they were not trying to take a custodial statement from , however there comes a point they are trying to get that custodial statement and his rights still were not read.

PT\Direct by Windham\p36    Swaim: 6A I went back in the office and waited for Waters to-- 9A -- get through talking to Shaun. And he did. 17 I stayed out. 18Q how much longer were they in there talking before you saw either one or both of them again? 21A Probably about--somewhere around 6:30, 7:00 ‘clock. Had you taken Windeon back to the jail? P3710 I really don’t remember. 11Q So, you say you took them both back. At some point in time, you did take Shaun Sanders to jail? 14A Right. 15Q But it’s not at this point in time. At this point in time he’s not in custody. 18. Correct.

PT\Direct by Windham\p39    Swaim: 21 Of course, he wanted to see us. He had asked us, "Come see me tomorrow." So, we went down there to check him out of jail. P40 1Q At this point in time, he had been arrested and placed in custody? 3A He was arrested prior to him going to jail, about 6:10 on the 14th. 13Q But he’s still not in custody at that time. It was-- he wasn’t under arrest at that time. 16A He wasn’t under arrest until 6:10 p.m.

Issue:

Question 30:

PT\Direct by Windham\p35    Swaim: 1A. Well, at that point I --Waters went in and 2 talked to Shaun about what he wanted to say. 3Q. Okay. 4A. I didn't go back in there. I stayed out. P36 6A I went back in the office and waited for Waters to-- 9A --get through talking to Shaun. And he did. 11Q Did you ever go back in-- 16 A. No, sir. I stayed outside.

PT\Direct by Windham\p125Waters: 22Q Did you at some point in time, however, decide to arrest him? 24A Yes we did.

T\Direct by Windham\p134    Swaim: 1Q. And after he was arrested did you give him a card or something? A. I did.Q. Why did you do that? A. He said he wanted to talk to us tomorrow morning, requested that we come get him.

T\Direct by Windham\p16     Waters: 9A I gave him one more opportunity to make a formal statement. 13A He said, "I won’t do it right now." "Come and get me in the morning, and I’ll give you one then." 18A I agreed to that plan and told him that that’s what we would do. 21Sergeant Swaim at that point entered the discussions and gave Shaun one of his business cards.

PT\Direct by Windham\p37    Swaim: 19A Now, did you have any further contact-- 23A. Other than taking him back to jail and --he asked for a business card, and I gave him a business card that day.

Issue:

Question 31:

PT\Direct by Windham\p36    Swaim: 18A And how much longer were they in there talking before you saw either one or both of them again? 21A Probably around--somewhere around--probably 6:30, 7:00 o’clock.

PT\Cross by Easterling\p81    Swaim: 8A He asked for a business card and said, "Come back and get me tomorrow, and I‘ll give you guys a statement." 11Q About what time is this, now? 12A This is probably somewhere around--I want to say probably 7:00, 7:00 o’clock, 7:00p.m.., somewhere in that area--7:30.

T\Direct by Windham\p15,16    Waters: 3Q Now, after you placed him under arrest, did you have any desire to try to memorialize what he had told you in some form? 6A Yes, I did. 7Q And what did you do in regards to that? 8A I asked him if he wanted to make a formal statement and gave him three methods by which he could do that. 21A He kind of balked at that suggestion and told me that he had told me the story and that that should be good enough. P16 8Q Did he say anything more to you? 9A I gave him one more opportunity to make a formal statement. 13A He said, "I won’t do it right now." He said, come and get me in the morning, and I’ll give you one then." 16Q Okay. And after he told you that, what did you do with him? 18A I agreed to that plan and told him that that’s what we would do. 20Q And then what did you do? 21A Sergeant Swaim at that point entered the discussion and gave Shaun one of his business cards.

Issue:

PT\Cross by Easterling\p87    Swaim: 18A I don’t know what he told Investigator Waters I wasn’t in there. And I haven’t read that portion of the report--23A about his oral statement; so, I’m not real sure what it says.

PT\Cross by Easterling\p81    Swaim: 19A I wasn’t in the room when Waters arrested him; but after reading the report as documented, it was that Waters arrested him at 6:10.

PT\Direct by Windham\p126    Waters: 15 Did you tell him all this? 16A oh, yeah. I had gone out and talked to Sergeant Swaim and --19Q You told him all this stuff that Shaun had said? 21A Gave him all the information. Sure.

T\Cross by Easterling \p155    Swaim: 1A. I don't believe I was in the room when he said that. No. Waters relayed that to me. Q Okay you came up a little bit later than that? A. I was sitting out at my desk while Waters was speaking with him.

Issue:

The evidence will show that Swaim is inconsistent/malingering as to what he knew/should have known regarding what occurred in the last meeting.

PT\Redirect by Windham\p90    Swaim: 10Q You never talked to him about the different kinds of charges that might be filed on him did you? 13A No. 17Q You never even told him that you had probable cause to arrest him for capital murder, did you? 20A No.

T\Cross by Easterling\p7011    Q What did you tell him he was under arrest for? 13A capital murder. 20Q And that was your opinion, right? 25A Well, he had not yet been charged. P71 2A The charge we were discussing with him was capital murder.

T\Cross by Easterling\p72 73    Waters: 25Q Now, at this point you told him that-- or you and Sergeant Swaim told him something to the effect that, " We’ve got to go to the district Attorney’s office, where they’re going to make a decision on the charge, " correct? 6A. That may have been discussed with him. Yes. 14Q That’s when he started discussing with you, "Am I going to be charged with capital murder; or am I going to be charged with burglary or robbery, which is what I really did?" Do you remember that discussion? 20A I don’t recall discussing specific charges with Mr. Sanders.

T\Cross by Easterling\p75, 76    Waters: 22Q He wanted to know what the decisions was about the reduced charge isn’t that correct? P76 1A No, that is not correct. 2Q Why do you say that? 3ABecause that’s not what he wanted to do. 4Q Oh, he didn’t want the reduced charge? 5A No. He wanted to make the statement. We didn’t discuss charges. In fact, at no point did we discuss charges.

T\Cross by Easterling\p77    Waters: The only time that a charge was discussed was when he was placed under arrest, and he was advised that he was being placed in jail under capital murder.

T\Redirect by Windham\p92    Waters: 25 Did the defendant ever articulate P93 any concern to you about any type of charges? 3A At no time.

PT\Cross by Windham\p150    Waters: 19 I don’t recall any discussion about lesser charges. 21Q You don’t recall, or it didn’t happen? 22 I don’t believe it happened. But I don’t recall that.

T\ Redirect by Windham\p92    Waters: 19Q He didn’t say anything to indicate to you that he was concerned about Windeon telling you that he was the actual shooter, did he? 22 No.

T\Cross by Easterling\p56    Waters: 10 It was a reasonable deduction from Shaun’s attitude, his demeanor, his description of everything that happened that he wanted to come down and make sure that nobody was swearing or giving a statement that he had murdered Phyllis Shelby or shot her. 17A I think that’s accurate, yes.

Issue:

The evidence will show inconsistency/malingering as to what was discussed with him. Particularly note, the answers to who was asking the question. Note how one evasive answer contradicts with other testimonies.

Question 34:

T\Direct by Windham\p15,16    Waters: 3Q Now, after you placed him under arrest, did you have any desire to try to memorialize what he had told you in some form? 6A Yes, I did. 7Q And what did you do in regards to that? 8A I asked him if he wanted to make a formal statement and gave him three methods by which he could do that. 21AHe kind of balked at that suggestion and told me that he had told me the story and that that should be good enough. P16 8Q Did he say anything more to you? 9A I gave him one more opportunity to make a formal statement. 13A He said, "I won’t do it right now." He said, come and get me in the morning, and I’ll give you one then." 16Q Okay. And after he told you that, what did you do with him? 18A I agreed to that plan and told him that that’s what we would do. 20Q And then what did you do? 21A Sergeant Swaim at that point entered the discussion and gave Shaun one of his business cards.

T\Redirect by Windham\p98, 99    Waters: 1Q I believe you told Mr. Easterling that you told him, "That’s -- and when he said, No. I’ve told you everything" you said, "That’s not good enough." P9910Q Is that what you were trying to explain to Shaun Sanders--that if you want your story told, you need to memorialize it: -- 14A Correct. 15A That’s the requirement of the law? 16A Those are the three options he was given. 17Q And at that point he wanted to tell his story, didn’t he? 19A Yes. 20 And would it be fair to say that you allowed him to do that? 22A Yes. 23 You gave him his warnings, following the law. You gave him his Miranda warnings, --made sure that he understood them P100 and that he waived them freely, voluntarily, and intelligently--didn’t you? 3A That’s correct.

Issue:

PT\Cross by Easterling\p148    Waters: 17Q What did you mean by telling him that? 18A That wasn’t going to be good enough as far as filling a charge on him. 20Q All right. So, you wanted him to give you a statement that you could file a charge on him, correct? 23 Absolutely.

T\Direct by Windham\p72    Waters: 23A It wouldn’t be a documented statement in the courtroom.

Issue:

PT\Direct by Windham\p35    Swaim: 11Q Did you ever go back in-- 16 A. No, sir. I stayed outside.

PT\Cross by Easterling\p80    Swaim: I believe it was in the presence of officer Waters only. Of course, Waters told me that when he came out. I don’t recall him ever--the defendant ever actually telling me that--18 A --about, you know, not wanting to do it right then.

PT\Cross by Easterling\p81    Swaim: 8A He asked for a business card and said, "Come back and get me tomorrow, and I‘ll give you guys a statement." 11Q About what time is this, now? 12A This is probably somewhere around--I want to say probably 7:00, 7:00 o’clock, 7:00p.m.., somewhere in that area--7:30.

PT\Direct by Windham\P134    Swaim: 11Q. Do you recall Officer Waters wanting to get a formalized statement from him, an in custody statement now? A. Yes. Q. Do you recall how he responded to that? A. He responded by basically saying that he was not ready to give a statement that day, that he would do it tomorrow --if we would come get him tomorrow he would give us a statement.

T\Cross\P155    Swaim: 8Q. All right, eventually Shaun told both of you--all that, "I don’t want to do that now. I want to wait. Come and get me in the morning." Right?" 16A I think he had told that to Waters before; but then he repeated it, I believe, as we were escorting him to jail. Yes.

PT\Direct\p126    Waters: 10A At that point we asked Shaun if he wished to make a formal statement of some kind regarding the story that he had just told us. 13 When you say "we" asked him, do you mean you personally or you and Swaim? Did you tell Swaim all this? 16A Oh yeah.

PT\Direct\p37    Swaim: 19A Now, did you have any further contact-- 23A. Other than taking him back to jail and --he asked for a business card, and I gave him a business card that day.

PT\Direct by Windham\ p128    Waters: 2A I gave him another opportunity to again to make a statement and-- 8 Well, his response was that he wouldn’t do it right then but that if we would come an get him in the morning he would give us a statement at that time. 12Q And then what did you do, after he gave you that response? 14A Well, at that point we acknowledged to him that we would certainly do that. And Sergeant Swaim gave Shaun one of his business cards. And we then placed him in the southeast jail about twenty-- about 8:00 o’clock that night.

PT\Direct by Windham\ p131    Waters: 6A Once again, we gave him his choice of the type of vehicle he wished to use to make that statement.

Issue:

The evidence shows inconsistency/malingering as to what Swaim heard, when and where. Evidence shows that Waters asked once, and another last time, and a card was given (all in that room), then he was placed in jail.

PT\Direct\p127 & 128    Waters: 18A. His response to that was, "I’ve given you the story, I’ve told you what happened, and that ought to be good enough." P128 2A I gave him another opportunity to make a statement and -- 8 Well, his response was that he wouldn’t do it right then but that if we would come and get him in the morning he would give us a statement at that time.

PT\Direct by Windham\p39    Swaim: 2A It’s my understanding that Waters asked if he wanted to give a statement and his response was, "Well, I’ll talk to you tomorrow. If you’ll come see me tomorrow, I’ll talk to you and give you a statement; but I don’t want to do it today".

PT\Cross by Easterling\p80    Swaim: I believe it was in the presence of officer Waters only. Of course, Waters told me that when he came out. I don’t recall him ever--the defendant ever actually telling me that--18 A --about, you know, not wanting to do it right then.

PT\Direct by Windham\p41    Swaim: 22A --And he didn’t remember my name but, you know, he was happy to see us; that he wanted to give his side of the story now; and he wanted to memorialize it, he wanted to give a statement.

PT\Direct by Windham\p129    Waters: 19A He said, "Man, I’m glad you guys are here. I was just going to have them call you but I couldn’t remember your name and they put that card in my property." 23Q He said that to you and Sergeant Swaim? 24A Correct. 25Q Did you-all check him out of the southeast jail? P130 2A Yes, we did. 6 He had made another statement prior to that. I can quote him on that one, too. 8Q Wait a minute, now.

Issue:

Question 38:

T\Redirect by Easterling\p94    Waters: 5 At the time that you actually physically typed your offense report, did you have your field notes right there; and were you referring to them and --putting what you had written in hand--putting it in your report?