Monday, July 9, 2007

The State vs. Misty Witherspoon

As the trial enters its third week, the state of N.C. has introduced more than 70 pieces of evidence, and the defense, thus far, has brought in nearly 40.

Some of the evidence presented in the trial so far includes:

For the state
  • 31 photos, most of the crime scene. Photos of Quinn Witherspoon in his Concord Police Department uniform and a photo of Misty Witherspoon on the day of the shooting have also been shown to the jury.
  • The yellow shorts and white T-shirt Misty Witherspoon was wearing on the day of the shooting. Detectives testified the shirt had a blood smear as if someone wiped their hand on the front of it and the shorts had a blood spot on one leg.
  • Quinn Witherspoon's 40-caliber Beretta service weapon, a magazine from the gun and his duty belt, which was found lying on the bathroom floor.
  • Various statements by paramedics and a state trooper, a friend of Quinn's, who came to the scene moments after the shooting.
  • Credit reports
  • A child's book called "A Story, A Story."
  • A diagram of the inside of the Witherspoon's Mooresville residence. It has hung on the wall behind the witness stand since the first Mooresville police officer testified.
  • A mannequin head with an entrance and exit wound like that suffered by Quinn Witherspoon. It has sat on a table in front of the witness stand, along with other evidence, with a dowel road inserted through the wound tract.
  • A DVD of Misty Witherspoon's 911 call on Sept. 13, 2005 and a transcript of that call.
  • DVDs of two separate interviews with police, one on Oct. 3, 2005 and the second two days later. It was on the second tape that she admitted her "slip and fall" story was fabricated, and the shooting was the result of a failed suicide attempt.
  • A spent shell casing and a fragment from Witherspoon's 40-caliber Beretta.
  • A cordless phone handset, with blood on the back.

For the defense

The defense has also introduced a large number of photos, 28.

Other defense evidence brought to the attention of the jury during cross-examination of state's witnesses:

  • The computer-generated report for emergency responders on the day of the shooting.
  • An incident report filed by then Officer Corey Barnette.
  • The crime scene log, which charts who enters and exits the crime scene.
  • Phone records from the Witherspoon house.
  • A log of the photos taken by police at the scene and an evidence log from that scene.
  • E-mails between Misty Witherspoon and lead investigator, Detective Todd Marcum

Witnesses who have testified thus far in the case

  • Paul Webster, at that time a telecommunicator with Iredell County Emergency Communications, who took Misty Witherspoon's 911 call
  • Corey Barnette, a former officer with the Mooresville Police Department. He was the first police officer to arrive on the scene at 904 S. Magnolia St.
  • Jason Fleming, a N.C. Highway Patrol trooper and a friend of Quinn Witherspoon's. He spoke with Misty Witherspoon on the front lawn of her home in the minutes after the shooting. He testified she repeatedly told him the "slip and fall" story.
  • Paramedics Linden Walker and Wes Thompson, who responded to the house that day and confirmed Quinn Witherspoon was dead.
  • Iredell County Medical Examiner Tony Tudor, who noticed a spent shell casing fall from under Witherspoon's body as he and detectives rolled Quinn Witherspoon off the couch where he died.Tudor also testified that he dug a bullet fragment from the pillow underneath Quinn Witherspoon's head.
  • Detectives Todd Marcum, who headed the investigation and Gerald Childress, who supervised and helped with collection of much of the evidence.
  • Neal Morin, a forensics firearm examiner with the N.C. State Bureau of Investigation.

A portion of two days of the trial, which began with jury selection on June 26, have been dedicated to the viewing of more than five hours of video-taped statements by Misty Witherspoon on Oct. 3, 2005 and two days later.

While the Oct. 5, 2005 video was being shown, as Misty Witherspoon was being questioned about what she did with the telephone after calling 911, a loud bang emanated from the audio-visual equipment belonging to the state.

The state brought in a new sofa, similar to the one in the Witherspoon house, in order for Marcum to demonstrate investigator's beliefs that Quinn Witherspoon's head had been moved after he was shot, and that he was not shot from the front of the couch as Misty Witherspoon first told investigators. The Witherspoons' couch was not seized by the state, and was disposed of the day after the crime by a family friend after the scene had been released.

Childress explained, under cross-examination Friday, that the couch was not seized on the day of the crime because, based on Misty Witherspoon's initial statements, police didn't know it played a role in the shooting. He said police went back on Sept. 14, 2005, after their suspicions had been raised by photos and other evidence, to retrieve the couch but it had been removed.

Childress said he learned the sofa had been broken up by a back hoe and taken to the transfer station in Mooresville. He said he and others dug through two tractor-trailer loads of trash trying to locate the sofa, with no success.

"Had she (Misty Witherspoon) not been as deceitful as she was, we would have seized the couch," he told the jury.

Defense attorney Andrew Jennings objected to bringing in the sofa, arguing that it was not the same as the Witherspoons'. He said it was new and the wear and tear pattern, as well as the thickness of the cushions and the pillows on the couch, were different from the Witherspoons. Judge Kim Taylor held an evidentary hearing outside the presence of the jury.

After hearing testimony from District Attorney's Office Investigator Johnny Marks as well as arguments from Jennings and Assistant District Attorney Greg Brown, Taylor ruled it could be used for demonstrative purposes. It sat in the middle of the courtroom for two days during Marcum's testimony.

19 comments:

Anonymous said...

WHAT A LIAR, THIEVE AND PIECE OF CRAP SHE IS!!!! Wake up she has WAY too many stories for any of them to be true. The truth is SHE KILLED HIM ON PURPOSE!!!!

Anonymous said...

What I do not understand is how any mother or father or sister can stand up for the person that MURDERED their child. Unless they are hiding something that they do not want uncovered that they may have committed against the same church. Have the officials checked into that possibility. Not all of Quinn's family is supporting the MURDERER. His parents and Aunt are evidentally brainwashing those children. What purpose was acomplished by having Quinn's children in court this week? Misty and her posse were trying to gain pity from the jurors. The news (News 14) stated that Quinn's father contacted them and told them what door and what time they would be leaving the courtroom so they could get pictures. THAT IS A SELL OUT OF YOUR GRANDCHILDREN. Last year after she MURDERED Quinn she was attending softball pratice for her church and she and her mother-in-law were disgusting. Frances was being very loud and obnoxious and trying to draw attention to herself and Misty. There was no remorse, there was no shame. SHE IS GUILTY. What about the fund raisers for the children? Who is monitering that money. Those thugs should be held accountable for every dime of that money. Every penny should go into a trust for those children with not one dime being able to be spent on Misty. According to the news yesterday the Social Security that those children should receive along with a guardian is $2800.00 a month. Who is going to be held accountable for that money?

Anonymous said...

I feel sorry for the church members that have had to leave Whitman Park Church because of the FRANCES WITHERSPOON family. Evidentally her husband does not wear the pants in that family she does. It does not matter who started that church, it is still GOD's church and not yours Frances. What kind of church is this anyway. Do you people handle snakes or what. There is nothing that anyone can say to these people that will make them understand that they are wrong. EVIL that is what it is....
Oh yea and Sabrina please don't think that you were not going to be addressed. You are evidentally psycho. All of these letters that you have written the editor in the Mooresville Tribune are trash. Please let it be known that permission was not given to you to use the names that you listed on your letters. And then there is the fact of you wanting people to come and financially support fund raisers at your church for other people. Please understand that the majority of people that now see your name will RUN away from your efforts.

Anonymous said...

HOW CAN A PERSON SUCH AS SHE IS COME INTO A FUNERAL HOME WHERE MOURNING IS SUPPOSE TO BE TAKING PLACE(NOT QUINN'S)AND HER GATHER HER LITTLE GROUP AND SIT THERE AND LAUGH AND HUDDLE. OUR FAMILY WERE VERY UPSET AND WE DID NOT APPRECIATE THAT. SHE IS A LIAR AND A THIEF. SHE NEEDS TO PAY FOR ALL THAT SHE HAS DONE ...

Anonymous said...

How can Quinns family say it was their "Gods will" that Misty murdered him? They say God wanted him in heaven and used Misty as his intrument. What a crock! I thought "Thou shall not kill" was given to us by God. Obviously, their God condones murder and with the way parishoners are leaving the "Witherspoon" church not everyone thinks that way. What a farce!! Maybe Misty is not the only Witherspoon with her hand in the till. Misty is a proven thief and a proven liar. Now the jury needs to do their duty to make her a proven MURDERER!!!! I hope my God blesses Quinn because their God seems to have abandoned their souls.

Anonymous said...

Glad to see people finally speaking out against this murderer and her accomplises. The media attention needs to be drawn away from the Witherspoon's and towards Quinn's supporters.

Anonymous said...

AMEN TO QUINN'S SUPPORTERS!!!!!!!!!!!!!!!!!!!!

Anonymous said...

Quinn's Parents apparently are liars, thieves and muderers themselves!!! If they can support her then they should go straight to #$%% with HER!! I hope they all ROT!!!!

Anonymous said...

I don't think we'll ever understand why they have supported her!! Yeah, they love her and she was family..but come on, there should be a line drawn somewhere! She's a Murderer..that's it!! I don't even believe the whole "suicide" part...if that were true, then Quinn would be here and she would be gone! Oh and a "failed suicide attempt" is like someone taking a whole bottle of pills, but they are caught in time and they're in a hospital..Misty did nothing to harm herself...therefore, it wasn't a failed attempt to do anything......just murder her sleeping husband! And for the record..not all of the "witherspoon family" is supportive of Misty..TRUST "ME"!!!!! As a Christian, I can forgive her and pray for her..but, she has to pay for what she done..simple as that! I do not wish she would burn in &*%$...*&%$ is a real place and NOBODY deserves to be there! At this point, I pray that she, one day, will be truly sorry and that she can make peace with God...and I also pray that the Family will know the truth...that it wasn't an accident....therefore, me and my family can have peace and comfort within ourselves!

Anonymous said...

Sometimes I wonder what Quinn would think if he were still here and able to witness this case. Here you have a man who dearly loved his parents, his wife and his family. To think the way this has turned out. The very ones he loved and did so much for are the very ones who have betrayed him in such a terrible way. His wife, who he even sold AVON for, SHOT him! His parents who he loved and respected so much didn't even take time to grieve for Quinn for they were too worried about defending hsi wife. If we look at the whole picture, how can you put a person about your child? Your own flesh and blood. I know we have to forgive to get into heaven, but nowhere have I read where we have to lay down with thieves and MURDERS! Quinn rest in peace and know there are a lot of people; officers, civilians, and even the ones you arrested that loved you and had the utmost respect for such an outsanding young man. May I also add, isn't it strange that even the man on the street has more respect for this young officer than his own parents and family!!!! How ironic!!

Anonymous said...

anonymous said...

I firmly believe that she did this terrible crime and she definitely needs to be held accoutable for her actions. I have seen her out going around town just living life like nothing ever happened. How can that be? I just don't know how she lives with herself and I pray that justice will be served.

Anonymous said...

Wow, you people are brutal. All I can tell you is that Bobby and Francis Witherspoon loved their son and I have seen the pain in their faces on a regular basis. the loss of their son shows. I can't tell you how they found the ability to forgive Misty and support her through this but they have. Its THEIR son that they are mourning and its THEIR right to forgive Misty and support her through this trial.

They aren't asking for anything other than a fair trial and balanced reporting. All you see in the media is pictures of Misty smiling. Thats a crock. They wait and wait and wait until they catch her smiling and THAT is the picture they are going to use. They make her out to be a cold natured beast when in fact she isn't.

As for the fundraisers for the kids, yes all that money is in a trust fund. The Concord PD has set up a trust for the kids that is untouchable and all the money they raise for Quinn's kids goes into that fund. Misty has not touched any of it.

As for the benefits the kids get now, that goes to Quinn's parents because they are supporting the kids. Misty again has no access to any of the money her children receive.

Bobby and Francis have never asked me to support them in their beliefs, they have only asked that I respect them. They know people don't understand and don't agree with their not turning their back on Misty but they are following their hearts and their faith.

And then you will always have people annonymously posting that they know this and they know that when they know nothing and only want to be a part of a sensational trial.

All these people are asking is that Misty face her charges and that she get a fair trial and the truth be told. They have faith that God's will will be done and that God knows her heart and intent and that He will see to it that she will get what she deserves, whatever that might be.

Could you all just cut them some slack. They loved their son and they love Misty. And they love and want what is best for those children who have already had more trauma in their lives than they deserve.

Anonymous said...

Bonnie, where should I start?? Maybe you should cut the people who actually care for Quinn some slack! We are apperntly the ones following our christian ways. I have sat here and read all your junk about Misty reading her bible to the people in jail, well let's see here that bible must really read diffrent than any I have ever read. It plainly states in the bible "Thou shalt not KILL!" Maybe she missed this part! Truth be known she should be the one laying in the ground NOT Quinn! At least he was a Loyal upstanding human being! You have this woman who can STEAL from a church, GIVE ME A BREAK! Maybe you should take your hand from the offering plate! Apparently you are just like her and have no morals! Also for you to say she LOVES her kids?!?! What are you thinking??? I have kids and there is NO way I could kill their father. She apparenlty doesn't love anyone. Now we all know she is CRAZY, so let's go to his parents. You want to state they LOVE their son. Um, I really agree with the person who said "what if he was killed by a drug dealer?" Yeah then his parents and lunatic Misty would be trying to sue that persons family, and whoever else they could get their bloody hands on! It would be poor Quinn then b/c he got killed in the line of duty. Well trust me he would much rather die in the line of duty doing what he loved than to be killed in such a senseless way. His parents are just as crazy as Misty. They want to blame the preacher and everyone else, but not Misty. Just keep supporting her, she will steal again and she will KILL again. Once a theif always a theif! Once a Killer always a Killer! His parents and the kids will more than likely be next! A failed suicide attempt?!?!?! She has blamed it on everything from a kids book, to the cats to his service dog. Please let the God I know and Love prevail in this case b/c you are apparently worshiping some god that we know nothing about. Next thing we know you will be on here trying to show how a CAT can pull the trigger of a gun b/c little Misty would never do anything like that. The more I read from you and the testimonies of his parents I get SICK to my stomach. To say any of ya'll love Quinn, well I just don't believe and niether does anyone else! Trust me while you sit in court or church and support her, we also sit in court and church and support Quinn! He has to have some support b/c his family has turned their backs on him. Well at least his parents have. So I will remain anonymous, for the safety of my family! Not b/c I am a coward! I am much more of a person than you are. You use the name Bonnie, but who knows that may be your made up name just to make us think you are some Great person who is not a coward. YOU ARE NOTHING!! Just like Misty and Quinn's parents!! Ya'll all need to look at yourselves and realize an innocent young man is DEAD b/c of the person you all support so greatly. May MY GOD BLESS QUINN'S kids they are the ones here that are getting hurt! Forgive and Forget, well we will never Forgive her for what she did and we will NEVER FORGET b/c we live with the pain of him being gone everyday of our lives! So go back to your life of LIES and if you can live with yourself like that then more power to you!

Anonymous said...

I HAVE READ ALL OF THE COMMENTS AND OPINIONS OF ALL. EVERYONE IS THROWING MISTY TO THE FIRE WHEN THE ONLY PERSON THAT SHOULD BE JUDGING HER IS THE ONE AND ONLY GOD. IT STATES IN THE BIBLE THAT WE DO NOT JUDGE OTHERS. IT ALSO STATES THAT YOU DON'T TAKE THINGS INTO YOUR OWN HANDS THAT IF THEY ARE THIRSTY ETC., YOU FEED THEM, AND LET GOD TAKE CARE OF THE REST. ALTHOUGH EVERYTHING THAT IS COMING FORTH WITH THIS TRIAL AND THE MEDIA IT LOOKS BAD FOR MISTY, BUT EVERYONE IS INNOCENT UNTIL PROVEN GUILTY. THE PUBLIC AND OTHERS HAVEN'T GIVEN HER THIS RESPECT AT ALL. YOU DON'T KNOW HER, FOR THAT FACT YOU PROBABLY DON'T KNOW ANYONE AS WELL AS YOU THINK THAT YOU DO. STRESS AND DEPRESSION CAN DO A LOT OF THINGS TO PEOPLE THAT WE CAN'T AND WILL NOT EVER UNDERSTAND. YOU DO NOT BELIEVE THAT UNLESS IT HAPPENS TO YOU. THINGS HAPPEN AND WE ALL SIN EVERY DAY. I AM NOT CONDONING WHAT MISTY DID AND I AM NOT SAYING THAT SHE IS GUILTY, ONLY HER AND GOD KNOW WHAT REALLY HAPPENED. IF IT WAS AN INTENTIONAL ACT THEN I HOPE THAT YOU ALL THAT CLAIM TO BE CHRISTIANS CAN FORGIVE HER ONE DAY, AS GOD ALREADY HAS. ALL SINS ARE FORGIVEN THROUGH CHRIST JESUS IF CALLED UPON. I AM SURE THAT SHE HAS DONE HER SHARE.
AS FAR AS QUINN HE WAS VERY WELL LIKED EVERYWHERE NOT JUST IN HIS HOMETOWN. HE WAS A GREAT GUY. I KNEW HIM RELATIVLY WELL, AS WELL AS HIS BROTHER DREY. I WAS ALSO GOOD FRIENDS WITH MISTY. I HAVE NEVER IN MY LIFE KNOWN HER TO BE ANYWHERE CLOSE TO THIS TYPE OF PERSON. IF SHE DID DO THIS WHAT SOME OF YOU HAVE CALLED SELFISH ACT, THERE IS NO WAY THAT SHE COULD HAVE BEEN IN HER RIGHT MIND AT THE TIME. THIS IS NOT WHO SHE IS.
AS FAR AS THE CHILDREN, I FEEL SOOO VERY SORRY FOR THEM. THEY HAVE LOST A FATHER, AND NOW PROBABLY GOING TO LOOSE THIER MOTHER TOO. NO CHILD DESERVES THIS MUCH HURT IN THEIR LIVES. I PRAY FOR THEM MORE SO THAN ANYONE THAT THEY ARE PROTECTED, AND THAT GOD WILL HELP THEM THROUGH THIS ALL. THIS IS JUST TOO MUCH FOR THEM TO TAKE IN AND COMREHEND ACCIDENT OR NOT.....GOD BLESS AND KEEP THEM ALWAYS.

Anonymous said...

The person above me said that the bible says "don't take things into your own hands" WHAT DO YOU THINK MISTY DID! She put the gun in her hands and shot. You also think that all of us speaking don't know Misty or Quinn. I said it was a selfish act and I went to school with misty and Quinn. My sister graduated with Quinn. This has affected both of us. And misty will be judged by God. The majority of the people that are on here know exactly who MIsty and Quinn are. And she knew exactly what she was doing. She had plenty of time to stop and think. And she chose to kill...

Anonymous said...

Comment to Anonymous,

EVERYONE HAS THE RIGHT TO VOICE THEIR OPINION! YOU DONT LIKE WHAT YOU SEE? DONT READ IT!! SO MANY WOULD LIKE CLAW HER EYES OUT BUT HOW WOULD SHE EVER BE ABLE TO LOOK AT HERSELF AGAIN?!

Anonymous said...

Please anonymous, tell us what type of person Misty really is, because right now, from the evidence and testimony that has been presented in court, she has lied numerous times, she has stolen not only money, but her sisters identity and after the theft from the church was discovered, she continued to steal from the church, and she is responsible for her husbands death be it accident or not.

What was the purpose of Bob and Frances bring the children to the courthouse and notifying the news cameras exactly what time and what door they would be exiting?

Respect is earned, not demanded or entitled.

Misty and her actions are of her own doing, and she is the one responsible for the way the public views her.

Anonymous said...

Anonymous that quotes we don't know Misty. Well we do know her and she is the one that has brought herself into the public eye by purposely KILLING Quinn! I'll give you the fact that only God can judge someone! Apparently though you are another one of her ignorant friends that claims, POOR MISTY. Come on, I've been depressed before and have never thought of killing myself or anyone else. I've been low on money and have NEVER stolen money. I WORK as she should have, instead shopping all the time and spending Quinn's hard earned money. She is LAZY, USELESS, A KILLER, A THIEF, and I could go on! The people on here that support Quinn unlike you know the "real" Misty. So your opinion really doesn't matter at ALL to any of us.

Anonymous said...

ya'll remain anonymous,stupid people.what are you afraid of.....hmmmmm nothing better to do.yeah