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Windham did more testifying than any of his witnesses. If you remove the questions and view only the responses the majority of the answers were to either agree or disagree with the prosecutor.

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.

*note in this excerpt Waters agrees and is not paying attention to the fact that Windham says Kiki Sanders and not Shelby.

When his witnesses did not give the testimonies that he wanted he would stop them in mid-sentence and guide them towards the answers he wanted

T\Direct by Windham\p349 Waters: 24Q Where did you get the name Wiz from? 25 A In the course of my research, I found a report where-- P350 2Q Let me stop you there. Please let me stop you there. Let me ask you this. At the scene you had gotten KiKi, and you had gotten LeKeith Sanders. 8 A Correct. 9Q Before you went to do your research, did you have the name Wiz? 12 No. We had the name Wiz prior to the research. 15Q Where did you get that from? 16A That was also provided from Mr. Shelby.

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\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.
Note: Swaim has just said Shaun wanted to give his statement and document it. In the Excerpt below as he asks Waters the same questions. He cuts his answer.
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.

Or would rephrase the question non-stop until he got the answers he wanted:

When he spoke to Latoya did he have a complete name on KiKi?

T\Direct by Windham\p 346 Waters: 8 During your conversation with Mr. Shelby, before you talked to Latoya had you heard anything about somebody name KiKi? 12A Well, actually--yes.
T\Direct by Windham\p345 Waters: 2 During your conversation with Latoya... 12Q Did she indicate to you in any way that she knew anybody named KiKi? 14A Yes. 15Q At that point in time, did you know anymore than KiKi? Did you know a last name or a full name? 19A NO. That was all she knew.
T\Direct by Windham\p347 Waters: 9 He gave me the full name of KiKi but not of the other nickname that he had given me. 12Q So, all you had from both Mr. Shelby and from Latoya was KiKi? That’s it? 15A From Mr. Shelby I had a name. 16Q What was that name? 17A LeKeith Sanders.
T\Direct by Windham\p345 Waters 21Q And what about the father? Now, I mean did you ever let him know, in any conversation with him-- about what you had learned about this KiKi person? P346 2A I had spoken to Mr. Shelby about that particular name. 4Q Was that before your conversation with Latoya? 6A That was after my conversation with Latoya.
T\Direct by Windham\p347 Waters 7A Kedran Shelby was also known as KiKi. 8Q Did he tell you that or-- 9A. Yes, he did.
T\Direct by Windham\p348 Waters: 14Q Now, what I’m trying to figure out-- I’m understanding you to say that you knew that before you talked to Latoya. I’m trying to figure out was it before or after--19A Before we went in to--before I went in to speak with Latoya--Mr.. Shelby had clarified who the Kiki’s were.

Many times he would tell them what they testified too, whether they did or did not.

T\Redirect by Windham\p214 Latoya: 19Q And I believe you said at some point in time the first guy had cocked the gun for the second guy, right? Do you remember that? I hope I’m not -- 5A. I don’t remember. 6Q All right. That’s okay.
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.
*note: Waters agrees but Windham has misstated the facts. Shaun allegedly was not given his Miranda warnings, waived them until after the written statement was printed.

Windham began his cross examination of Windeon Sanders by telling him he should answer all of his questions yes or no. However, he was asking him questions that pertained to them both.

T/Windham/P82 Windeon: Q. And I would appreciate it --I’m going to try to ask my questions in such a manner that you can just answer them "yes" or "no". Will you do that for me?

He would not allow Windeon to differentiate between he and Shaun nor was he allowed to clarify questions pertained to both.

By Windham: P100 And your brother Shaun was willing to go along with you wasn’t he? He went down there with you on his own free power, didn’t he? A Can I explain that, also, to you? You didn’t drag him. You said you didn’t drag him. P101 He went on his own physical ability, didn’t he? A Yes, sir.
By Easterling: Were you both looking around the house? A. Well, it’s like-- Objection. Nonresponsive. A. Yes, sir.

He arrange his questions with the intent to confuse; also questions were ask in a way where one would be unclear as to what part of the question was being responded to.

P104 And if your brother said that you gave him a gun -- if he told officer Waters you gave him your black .380 --which was just like this silver one except for the fact that it was black (indicating) -- he’d be lying, wouldn’t he? Did you understand that question? Then for the next four pages, through page 108, he tries to get him to answer this question. Objection. Violation of-- The court: Overruled. Fifth Amendment, Your Honor -- Overruled. --by confrontation. A I’m nervous and confused right now. Well, you are coming at a different -- P107 If your brother told Officer Waters that before you-all went to the Shelbys’ you gave him a black Lorcin, .380 semiautomatic handgun like the one we have in evidence as a demonstrative exhibit in this case -- like this except for the fact that it’s black, and not chrome --if your brother said that, he was lying, wasn’t he? A No, sir. So, you did give him -- Yes, sir.

Trials are not about truth and justice, they are about winning and status.

The Tape of Latoya

T\Cross by Easterling\p179 Latoya: 3Q Isn’t it true in the previous trial that you don’t remember -- or you didn’t know which way your head was pointed, towards the foot of the bed or the head of the bed? 7A Yes.. 8Q Now, why have you changed your testimony to suit Shaun Sanders trial, that you saw him at the foot of the bed? Mr. Windham: I’m going to object to Counsel’s sidebar remark about changing to suit something. The Court: Sustained. 18Q Why did you change your testimony in this trial from the previous trial? 20A Because I know that -- I remember him standing at the end of that bed when that dude -- when the second dude was standing on the -- over there by the dresser and the bed. I remember him standing down there. 2Q Why didn’t you say that and testify to that in your previous trial, Miss Hill? 4A I don’t remember it. I guess I didn’t remember it then. I remember it now.

T\Cross by Easterling \p180 Latoya: 7Q Who has talked to you since the first trial to get you to remember something like that? 10A Nobody. 14Q Nobody? 15 No. 16Q You haven’t talked to the prosecutor yesterday? 18A Yeah. That’s yesterday I thought you was asking previous to yesterday. 22Q Well, I’ll ask you that question. Previous to yesterday? 24A No. 25Q No Yesterday was the only time?

Windham made it known that he spoke with Latoya before the trial about why she was there. Easterling did not go any further than that.

T\Direct Windham\p13 LaToya: 7 Q. Now, you know me, don't you? A. Yes. Q. You and I have met before -- A. Yes. Q. --a few months ago, right? A. Yes. Q. And, then, you saw me yesterday -- A. Yes. Q. --for the first time in several months, right? A. Yes. Q. We've talked about why you're here and why you're on the stand, have we not? A. Yes. Windham argues that Easterling "implied" that Latoya testified under his tutelage.

T\Redirect by Windham\p208 LaToya: 20 Mr. Easterling asked you if anybody had talked to you to get you to change your statement. (Objection: I did not couch it in that term. I asked if anybody had talked to her period. THE COURT: Overruled.)

T\Redirect by Windham\p209 LaToya: 7Q You heard that. And you knew what he was insinuating, don’t you? 10A Yes. 11Q Have you and I talked since that first trial -- 13A No. 14Q -- up until yesterday? 15A No. 18Q Now, yesterday you and I had a brief conversation, didn’t we? 20A Yes. 21Q Did we talk about what happened and laying on the bed and all that stuff? 23 Did we talk about any of that yesterday? 25A No.

What I find interesting is Windham objects to the "implication" however, below he is doing the same thing, only without implication. He is clearly accusing LeKeith and Windeon of changing their testimony after having spoken to counselors. How did he get away with it?

T\Direct by Windham\p80 LeKeith: 13Q Now, after talking to your brother --before you met me, I believe you said you talked to your brother Windeon’s Lawyer. Do you remember that? 18A Yes. 19Q After talking to him, you new that it would help your brothers out to come in here and say it was a crappy gun, didn’t you? 22A No, sir. 23Q You know that, don’t you? 24A No,sir.25Q You never said anything to anybody about it being a crappy gun until after you had talked to Windeon’s lawyer, did you? A Nobody ever asked.

T\Direct by Windham\p263 LeKeith: 16Q Now, prior to my meeting you -- and you met with your brother Windeon’s attorney, didn’t you? 19A Yes 20Q You-all discussed this, what we’re talking about here today, didn’t you? 22A Yes.

T\Cross by Windham\P131 Windeon: Your lawyers --they visit you, don’t they? And you’ve talked to Mr. Easterling, here, about your being here today and why you were here to testify for your brother. You-all have talked about this, haven’t you? P132 You know what to say to help your brother, don’t you? A No, sir. P131 Your lawyers --they visit you, don’t they? And you’ve talked to Mr. Easterling, here, about your being here today and why you were here to testify for your brother. You-all have talked about this, haven’t you?

T\Cross by Easterling\p43 Waters: 4Q --you’ve done a summary of those interviews in your report, correct? 6A Yes. 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. 14Q And 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? 7A Yes. 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.

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