Easterling’s questioning:

Where have you been living lately? P30 I want to talk to you about your criminal record? P31 Did you know a couple named Phyllis and Kedran Shelby? P34 Did you have some information of who might be involved in that?

P35 Now, in July of 1997 did you and Shaun eventually go over to the Shelbys’ house that resulted in this incident? A. Yes, sir. --- (Easterling could have followed up. Did Windeon tell Shaun they were only going to confront KiKi about their brother to get him to go.)

P35 6Q Where were you earlier in the evening, before you went over to this home? P35 Did you somehow get a gun?  P38 Describe to the jury what the gun looked like and felt like.

P40 And when you talked to Shaun about that plan, going over there, what was his response? A. He was really not up to it. --- (Easterling could have followed up. What did he say? )

P40 Did you eventually convince him to go with you? A. Yes, sir --- (Easterling could have followed up. How long after? What did you do or say to convince him?)

P40 And was there a second gun, before you went over there, that came into play? P43 Did you-all get anything else to go over to the house? A. Some gloves. That’s it.  P44 How many pairs of gloves did you and Shaun have? A. I think he had one, and I had two.--- P45 Where did you-all get the gloves from? Do you remember? A. Like I said, I worked for B.F.I. I got it from my job. (Easterling could have differentiated.)

P45 how did you-all get over towards the Shelbys’ home? A. We walked. P46 Did he ever put anything on his face as you got closer to the house? A. No, sir. P47 What did you and Shaun do? A We walked to the back yard. A I decided -- Shaun wanted to leave, but I decided to go in. --- (Easterling could have followed up. Why did Shaun want to leave? Why did Shaun want to go to the front door?)

P48 Did he come in quickly or not? A No. He kind of hesitated a little bit. --(Easterling could have followed up. What is a little bit? Did he try to talk you out of going in?)

P48 When you-all got in the home, what did you all start doing? A Looking through closets and drawers for drugs and money. --- (Easterling could have followed up. What did Shaun do? Was he looking or just following you?)

P48, 49 What was your and Shaun’s intent when you were going over there to do that? A. Get drugs and money and leave. Get the drugs and money and leave. That’s it. (Easterling could have followed up. Was that your intent? Why did Shaun go with you?)

P49 Did you have any intent to harm anybody when you went over there?

P50 Do you remember telling the homicide officers that you were going to go over there to steal some money and some dope and to mess with KiKi? P50 What did you mean by "mess with KiKi"? P50 When you were looking around for the drugs and the money, how long were you in the house before something happened? P50 Now, when you were looking around for the drugs and the money, how long were you in the house before something happened?

P51 What did you and Shaun do? A We ran -- well, Shaun was behind me; and he actually kind of like followed me. And I ran to a rest room. --- (Easterling could have followed up. Did Shaun follow you or did you push him in that direction?)

P52 Did you have time to get out of the house whenever they started coming in?

P53, 54 It was not Shaun Sanders’ idea, was it? A No, sir.

P54 You-all both still have your guns in your hand? . A. Well, I didn’t -- I didn’t give Shaun a gun Objection. Nonresponsive. Sustained. Did you have your guns in your hands? A. Yes, sir. Yes, sir. ---(Easterling could have followed up. Clearly, Windeon is trying to differentiate between him and Shaun.)

P55 Did you take any of the jewelry that night? Did you or Shaun take any V.C.R.’s? A No, sir. Did you or Shaun take any other electronic equipment that was of value? No, sir. Did you-all ever find any drugs? A We didn’t take anything at all. Did you ever find any money?

P57 Did you open the drawers -- on the side over here and look (indicating)? What were you asking Miss Shelby, if anything, when you went into the room? Did you call her something because you didn’t believe that? P58 And how much longer were you in the home looking for the money and the drugs?

Were you both looking around the house? A. Well, it’s like-- Objection. Nonresponsive. A. Yes, sir. Were you both in and out of this bedroom during the five minutes you’re talking about? A. Yes, sir. --- (Easterling could have followed up. Clearly, Windeon is trying to differentiate between him and Shaun)

P59 Now, was there any mention by anybody about getting some drugs? Who did that? How did she do it? Did you-all want her to do that? No, sir. --- (Easterling could have followed up.)

Did you have any money to buy any drugs that night? P59, 60 Whenever you went into the bedroom, did you try to cover your face? How did you try to do that? P60 Now, eventually you got closer over to Miss Shelby, didn’t you? Prior to that had you or Shaun touched the mother or the child -- children in any way? A Not at all. ---

Was that your intent -- to touch any of those people? P60, 61 When you started getting closer to Miss Shelby, did you go on the left side of the bed or the right side of the bed-- the left side being over here, by the chest of drawers, and the right side being by the wall (indicating)? P61 Was there very much room for you? Where was Miss Shelby when you came around on that side? Was she anywhere near there? P62 How many inches or feet, do you think? Where were the children? P63 Where was LaToya when you started coming closer around and getting closer to--  Did she get closer to her mother at any time? Was she sitting up or laying down? Now, as you came around the left side, what was your intent? And what was she saying to you?P64Now, at this point when you’re getting closer to her, were you-all ‘s voices getting louder? You remember ever telling her to shut up or, "Shut up, bitch"? When you got closer, were you pointing the gun at her? Where was the gun? When you got closer to her, did you eventually start pointing the gun at her? Whenever you got up closer to her and you were on this left side of the bed (indicating), did you hear anything of what Shaun was doing?P65 What were you hearing? What did you think you heard?

Who do you think did that? A I believe that Shaun probably had, looking for the drugs and money. (Easterling could have followed up. Easterling knew this was totally against what his client said occurred but instead of proving Shaun walked out of that room and out of that house. He goes with along with this testimony. Clearly contrary to what he was told.)

P66 Did you hear it when it went "clang"? Where were you standing when you heard that? And how did you react when you heard this metal sound?

66-69 Continue details regarding what Windeon did with no reference to Shaun, until the end of page 70 22Q Was Shaun in the bedroom when this was happening? A No, sir, not at all? He’s down in the hall? A Yes, sir. P71 Before that did Shaun do anything to encourage you to go over there and do something with this lady? A No, sir.

Page 71 6Q Begins with what Windeon did again and continues through the end of 72

25Q Did Shaun do anything to shoot that lady? A No, not at all. I ain’t tried to shoot her myself. P74 When you left out of the bedroom, where did you see Shaun, your brother?  A.  He was gone. (Easterling could have followed up. Windeon stated Shaun had left. The most important and accurate thing he said; and instead of clarifying that Shaun had left he asks:) Was there any words before you-all took out? A He said, "We’ve got to go. We’ve got to go."-- A And we left. --- (Easterling could have followed up. If Shaun had gone then how could he have said, "we‘ve got to go.")

The same window. --- Did you stay around and rummage through any more property --after that? Did you make noise climbing through those miniblinds in the photograph when you went out? What was Shaun’s demeanor as you-all ran away from the house--or left the scene -- excuse me -- when you left the scene? Was he happy with you? A No. No, sir, not at all. --- (Easterling could have followed up)

P76 Where did you all go? (Easterling could have followed up. Shaun and Waters indicated that he walked around) A Back to my brother’s apartment. ---Do you remember taking off any gloves as you left? Was that where you think you left them? They found the scarf, or the piece of cloth, there at the gate, too. Is it possible that the fingernail they found on the floor. Did you see a fingernail fly off or not? What kind of light was in the bedroom?

Windham’s questioning:

P82 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?

P100 And your brother Shaun was willing to go along with you to help you do that, 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. (Easterling could have followed up)

P101 You didn’t want to go down there --you weren’t going down there unarmed, were you? A Can I explain that?

P104 Now, before you-all went over to the Shelby's house, you gave your brother Shaun your black .380, didn’t you? A A toy gun. Yes, sir. Now, it was a real gun, wasn’t it? A It was a toy. (Easterling could have followed up. )

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 Shelby's 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.

P108 Are these the gloves you-all used that night? A Those type of gloves. Yes, sir. But are these the gloves, or are these just gloves like the ones you-all used? A Those are the gloves. They just found two out there at the scene. Is that all you-all took over there with you --just two? A More than two. How many did you all take? A I think three, I believe. I think he had one.

P112 8Q And then you come back and told him, "Well, Shaun had on two gloves." You told him that, didn’t you? A I said that Shaun had gloves. I didn’t tell him how many. P114 So, you were asked --were you not? -- if your brother had any kind of gun. Weren’t you asked that? You said, "No. No, he ain’t have no gun." A He didn’t have it at the time. That is what you said. A Yes, sir. Now you say he had a toy gun, today. A I gave it to him at the house. (Easterling could have followed up.)

P115 Now, if your brother told Officer Waters that you-all drove Kitty’s car from your apartment down to near the Shelby's, parked it somewhere, and then walked the rest of the way, he’d be lying, wouldn’t he? P116 Objection, Your honor. Improper. Also a Fifth Amendment confrontation violation, Your Honor. The Court. Overruled "yes" or "no" Objection. Hearsay, also. The Court: Overruled. A Yes, sir.

P117 Now, when he got down there, both of you-all crawled in that back window right,? A I crawled in first, and he crawled in. Yes, sir. Don’t you agree -- if he didn’t want to go in there and help you out and do this, he could have gone back home, couldn’t he? A yes, sir. (Easterling could have followed up with what he knew.)

And you weren’t pulling him in that window. Now, once you got in the house -- you -all hadn’t ransacked the whole house before these people came home, had you? A No, sir. P118 When you all heard that car drive up, you could have ran out and jumped out the same Windeon. A Yes, sir. You had to get some dope and some money and to mess with KiKi, right? (Easterling could have followed up with what he knew.)

P119 Once they got in the house and you-all decided to come out of the bathroom, your brother Shaun went it there where Phyllis and her children were, didn’t he? A I did. (Easterling could have followed up with what he knew.)

P120 You told him to go watch them while you started looking for the dope, didn’t you? A Yes, sir. So, he was the first one in the room with Phyllis and the other children, wasn’t he? A Yes, sir. You don’t know what he was doing while he was in there with Phyllis and the children and you were in other parts of the house, tearing it up. looking for drugs, do you?

P121 So, there was a time when you and your brother were in that room together with Phyllis and her children, correct? A Yes, sir. P122 Your brother was asking for that. You heard it. A No, sir. He wanted the jewelry, the money. He wanted to know where the guns were, didn’t he? A I don’t know about that. Because you don’t know everything that he was doing in that room with Phyllis and the children when you weren’t in there. That’s why you don’t know. A If he was, I would have heard him.

P123 You were upset that you hadn’t gotten anything out of this, weren’t you? Your brother told her that, too. A No, sir. (Easterling could have followed up. Who was Shaun upset with?) P124 You were holding them at gun point, threatening to hold them until KiKi got home, weren’t you? And that was you and your brother together in that bedroom doing that, wasn’t it, Mr. Sanders? A No, sir, not at all. And then, at some point in time, you-all switched out the guns, didn’t you? A Yes, sir, we did. And the reason why you did that, you know, initially is because when you had that silver gun you had some problem --I don’t know -- you had a problem cocking it. You gave it to him. And he cocked it for you, didn’t he? A No, sir, not at all. (Easterling could have followed up with what he knew.)

P125 He helped you, aided in getting that gun ready by cocking it for you and handing it back to you, didn’t he? A No, sir, not at all. At some point in time you-all did have a conversation out here in the hallway by Latoya’s room, didn’t you (indicating)? A Yes, sir. And during that time your brother Shaun is holding his gun back in to the room, telling them they’d better not move because he’d shoot them while he’s out there, talking to you. P126 No, sir, not at all. You didn’t see? I’m standing right there. If he did, I would have seen it. "Yes" or "No" sir? A No, sir. (Easterling could have followed up.)P129 You all even made her open her husband’s briefcase to see if there was anything in there, didn’t you? A. She-- Didn’t you sir? "Yes" or "No". A No, sir. You-all were holding her at gunpoint, giving her-- making her open this briefcase that she couldn’t open with a knife. That’s when she broke that fingernail that was found on the floor down there, isn’t it, Mr. Sanders? A No, sir, not at all. P130 And, by the way, I’m sure you’ve -- you hand your brother have talked since this happened, haven’t you? A They keep us isolated. "Yes" or "No"? A No. You-all are able to communicate, aren’t you? A No, sir. You can write him. A I don’t write him.

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? P132 You know what to say to help your brother, don’t you? A No, sir.

From 132 22Q on to 136 there is no reference for Shaun.

P136 And if your brother had told Officer Waters that it was not him, some guy from Third Ward, that went down there and committed this crime with you, that was a lie, wasn’t P137it? A Yes, sir. P137 You didn’t push your brother into that room, did you? A No, sir. Just like he climbed in that house on his own power, he went into Latoya’s room on his own power, didn’t he? A Yes, sir. (Easterling could have followed up. Did Shaun agree to go into that room because he would not search through their house for the drugs) P138 This is your brother’s written confession. "I tried several times to get to the bedroom window to leave; but Windeon kept pushing me toward the bedroom, where the people were." That’s a lie, isn’t it? You told him to go in there where the people were, right? And he says: "I heard Windeon in the other part of the house, and it sounded like he was looking for something." So, there was a point in time when you were in another part of the house entirely from him; isn’t that true, sir? A Yes, sir. (Easterling could have followed up with what he knew. Are Shaun and Windeon defining "pushed" in the same manner? ) P139 And when you’re way up here (indicating), if Shaun Sanders don’t want any part of this, if he wants to leave, all he has to do is come out of this room and go right back out the window you-all came in through. And you couldn't have stopped him; isn’t that right, sir? (Easterling could have followed up. How long were they in that house that presented Shaun with so many opportunities to leave? Was it his planning to leave that triggered Windeon to go to the over to the side of the bed.)

As I understood you to tell Mr. Easterling, your brother wasn’t in the room with you and Phyllis and the children at that moment; is that correct? P140 A Yes, sir. P140 He was in another part of the house, looking for the dope himself, right? A Yes, sir. (Easterling knew this was not true.) In fact, you mentioned something about an air conditioning vent and you heard something popping. You said that you were standing over there by Phyllis and you heard something popping, and you insinuated or implied that it startled you and you turned around and she grabbed the gun. You remember that?

P152 Now, didn’t you tell Sergeant Swaim that your brother was standing right there when the gun went off? P153 A Yes, sir. Now, today you tell the ladies and gentlemen of the jury something different, don’t you, sir? A No, sir. I’m telling them the same thing. (Easterling could have followed up. Right were? He based his answer from reading part of a document not in evidence) P154 Now, after you-all -- after the shooting, you and your brother continued ransacking that house and looking for drugs, didn’t you, sir? A No, sir. P155 Now, what did Shaun do with the black gun that he had after you-all left the house? A I have no idea. So, if Shaun Sanders, your brother, told Detective Waters -- or Investigator Waters that when you-all got back to your apartment he gave you your black gun back, that’s a lie, isn’t it? Well -- "yes" or "no"? A I wouldn’t know because I wasn’t there. P156 So, now what are you saying -- you did not go back to your apartment? A I went back to my apartment. Your brother went back with you, didn’t he? A Yes, sir. (Easterling could have followed up.)

P157 Did your brother Shaun Sanders give you back the black gun after you-all got back to your apartment, sir? A No, sir.

Easterling’s Redirect questioning:

P160 Mr. Sanders, Mr. Windham didn’t allow you to explain some of your answers, did he? I’m going to ask you a few questions where you can explain. All right? P162 They didn’t ask you whether it was a toy gun, did they? Now, if they would have asked you that would you have told them?

Windham’s Recross questioning

This indirectly pertains to Shaun. There is no other questioning during his entire recross that pertains to Shaun.

P168 And if it was a toy gun, you could have just turned it over to them to show that, prove that, couldn’t you?

Easterling’s Further Redirect questioning

P171 Did Shaun Sanders have anything to do with the shooting of Phyllis Shelby?  By Windham: Asked and Answered,   By Judge:  Sustained

Once the police realize they had the wrong "first guy".  They had no other suspect.  Windeon turned his brother Shaun in; then lied to make himself look "not worse" than Shaun. The law of parties is designed to incorporate.  Windeon's statement was written to benefit Windeon; he, it however, incorporated Shaun.  Nevertheless, Windeon's verdict is and should have been the best thing for Shaun.  

Everybody lied.  Windeon is not any different than the officers, Latoya or the rest with self-serving motives, including his attorneys who did not defend him. 

Shaun would want there to be a lesson for all the young people who are lost, trying to belong to something or someone.  He would want them to know that belonging to one's self is the only guarantee of unconditional love, acceptance and loyalty.