GUILTY GA - Eight family members brutally murdered in Brunswick home, 29 Aug 2009

[popsicle]

5:44 p.m.

Under cross-examination from defense lawyer Newell Hamilton Jr., investigator Shawn Strohl testified in Guy Heinze Jr.'s trial that some people in the mobile home weren't wearing Tyvek suits. They were not allowed to move from one room to another, he said.

Of the Tyvek suit, Strohl said, "It's a good practice. It's not always done."

"The Tyvek suit is for my protection,'' he said, and not to prevent the transfer of blood evidence from one point to another.

"There was not a clean inside that residence,'' he said. "There was not enough room to put much on the floor."

There was "blood evidence, trash, filth,'' he said.

There was no blood found in Russell Toler Jr.'s Mercury Cougar that Heinze was driving, Strohl testified. There was blood found, however, on a cell phone found in the car, witnesses have testified


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...-7-others-because-he-wanted-one#ixzz2iD1piH7B

 

[oceanblueeyes]

One witness said Rusty did not let anyone drive his car . I don't let certain people use my car but other people I do. Some people I would rather drive to the store then let them take my car and do it.

The only evidence present will point to him OBE. For now. The defence still has to go. I wish we could hear every bit of testimony as I feel we are missing a lot.

Did the store clerk say what he was wearing?
was the gun stock to the 20 gauge ? And is there record of who owns it?

Was Russel Jr was attacked first and Russel sr pulled out the other gun and then was beat with his own gun?

Which victim was found under the table? I forgot.

Does anyone else think the state proved their case? Just wondering.

I will have to go back and reread all the updates. He said in his interview that he went to a certain convenience store but he was not seen on the video. It may have been the one that Chrissy and Joe went to around 11:30 that night with little Bryon. Don't quote me on that though.........I will have to reread it to be sure.

But I do remember someone saying he was seen wearing the black shorts and not the tan ones he had on when he supposedly found the bodies. These may have been the reversible shorts that could be worn on one side out as light gray and the other side was black.

It would be hard to determine the gage of the shotgun by the butt stock but it seems reasonable it was the one kept in Michael's closet. GHjr said it was there in the closet along with the non 'stolen' gun he hid.

I have forgotten too but I think it may have been either Rusty Sr. or Rusty Jr that was found in the kitchen. I think that may have been where he slept on a pallet. Again I have to refresh my memory because I have read so much in the past week. Actually Terry Dickson is much more detailed than most reporter bloggers. He has done an outstanding job I think, but he cant cover everything when the trial goes for 9 hours a day.

Since they were all killed around the same time I think it would be impossible to know who was murdered first. IMO, he took the men out first.

How is the defense going to make the blood spatter go away that was found on his clothing and shoes or on Michelle's cell phone or his bloody palm print? That means he put the cell in Rusty's car after they were all dead. That also means he lied when he said he came back at 8 am and found them.

The jury has already heard him make excuses for the cuts he had on his hands and leg. So the theory that he wasn't hurt during these attacks are only based on his words.........a proven liar.

I have always felt the worst thing that showed such tremendous guilt was taking the time to put the shotgun in the vehicle while his whole family lay dead inside and before seeking help. If the jurors are reasonable minded people they would know no one would do that when they have just seen their entire family wiped out in the worst possible way. And on top of that the gun was not stolen. If anyone stole it ........it was GHjr when he took Rusty Sr's gun out of his home and hid it in the trunk.

The defense game seems pretty standard to me. Blame LE and imo that is not going to work. This jury has seen so much evidence that points to GHjr solely and realizes this case is not a normal case because there was just so much blood everywhere due to the amount of victims involved. Imo, they know LE cant test every little thing. No law enforcement ever does and that is what the defense picks apart ...........quite unsuccessfully most times.

Like I said previously, unless we have another Pinellas jury... he is going to be convicted based on the overwhelming evidence against him.

JMO though

 

[Soulmagent]

I am confused as to where the victims were I think. And some of the evidence.

I think I need to re read everything two OBE .

 

[oceanblueeyes]

I am confused as to where the victims were I think. And some of the evidence.

I think I need to re read everything two OBE .

I have been corresponding with Terry Dickson about this case and just emailed him to see if he can clear this up for us. I mean the different locations of where the bodies were found. He has been very good about responding but since it is Sunday it may be tomorrow.

If he emails me back with the answer I will let you know.

IMO

 

[oceanblueeyes]

OK, Terry said he is at home today but will respond to my email when he gets in the office in the morning.

 

[oceanblueeyes]

Ga. trial flashes back to 1887 mass slaying of 9

--------------------------------------------------------------------------------

There are eerie parallels between the murders that Guy Heinze Jr. is currently on trial for in Georgia and a notorious 126-year-old murder case in the same state.

The medical examiner said he knew of two crimes. One was the infamous case of Richard Speck, who stabbed and strangled eight student nurses after holding them captive for hours at a Chicago townhouse in July 1966. The second was a lesser-known case from middle Georgia: the 19th century ax murders attributed to Thomas G. Woolfolk.

Woolfolk was the 27-year-old son of a businessman and landowner. He lived with his father, stepmother and several half-siblings in Bibb County at a rural farmhouse outside Macon. On the morning of Aug. 6, 1887, Woolfolk came running to neighbors for help. He said an attacker had broken into the house in the middle of the night and killed the rest of his family. Woolfolk said he escaped by jumping from a window.

Nine people in all were found dead, each of them killed with an ax. The victims were Woolfolk's father and stepmother, Richard and Mattie Woolfolk, as well as their six children, ages 20, 17, 10, 7, 5 and 18 months. Also killed was the 84-year-old aunt of Woolfolk's stepmother.

Investigators discovered specks of blood on Woolfolk's ears and a bloody handprint on his leg. His blood-stained clothes were found at the bottom of a well.

http://news.msn.com/crime-justice/ga-trial-flashes-back-to-1887-mass-slaying-of-9-1

 

[oceanblueeyes]

Ok Terry decided to write back today to answer the question of location of where everyone was.

It's confusing but I believe Michelle was in the same room with Joe, Chrissy, and Byron. I think that Russell Sr. and Michael were in the same bedroom. Guy Sr. and Rusty Jr. in the living room. Gail Falagan, I'm not certain but I think she slept in the floor somewhere.

Terry

 

[popsicle]

iirc, Michael was found just inside the front door. He had dragged himself there and was barely alive... to the surprise of Guy.

 

[oceanblueeyes]

iirc, Michael was found just inside the front door. He had dragged himself there and was barely alive... to the surprise of Guy.

I think Terry was talking about the locations of where they were attacked.

But I thought GHjr. said he sat down on Michael's bed and either held his hand or put his hand on his chest to see if he was breathing?

Ugggh I'm still confused.lol

 

[Soulmagent]

iirc, Michael was found just inside the front door. He had dragged himself there and was barely alive... to the surprise of Guy.

I thought it said Micheal was found on a bed. At one point I thought someone said Russel was in the kitchen .

I thought we saw 3 victims where in the kitchen at one point.

I also thought I saw one LEO had testified to one location and another to a different location for the same victim.

I will go and look , but I just got windows 8 and a new laptop an I am having issues with it . It is the same feeling as moving to a new state. I cant find anything. Windows close and disappear . Copy and paste is super easy to mess up. I keep loosing windows and half the time the urls don't show up and I cant get them to appear.

 

[oceanblueeyes]

The rest of yesterday..

5:09 p.m.

Donoghue testified that the wounds he found were consistent and could have been delivered with the same weapon. He said the wounds were made by a long, slinder object similar to a shotgun barrel.

There was also a case in Georgia in which one man killed eight members of his entire family with an ax, he testified.

In his opening statement Tuesday, defense attorney Newell Hamilton Jr. told the jury that he knew of no instance in which one person had beaten even six people to death. Under Hamilton's cross examination Wednesday, Donoghue acknowdged the New Hope victims could have been killed with a piece of pipe, but said it was unlikely done with a piece of wood.

"I don't think it was a baseball bat because it was long and narrow,'' Donoghue testified.

The handle of a garden tool could have been used, he said.

''The barrel of a gun certainly fits the pattern here,'' but a pipe could have been used, Donoghue said.

"You can't exclude multiple similar objects,'' Hamilton said.

Donoghue said he could not.

5:35 p.m.

Glynn County police investigator Stephanie Oliver testified she was a patrol officer on Aug. 29, 2009, and responded to the initial call to New Hope Mobile Home Park.

Oliver said she was the second to arrive and saw two people and a dog on the front porch of the mobile home.

"Mr. Heinze was saying, 'My whole family is dead inside,' '' Oliver testified.

A state trooper and officer Roderic Nohilly arrived and secured the mobile home.

She went inside the mobile home and found three people, one of whom was still alive, she testified.

She and other officers went inside to check the residence for any victims who needed assistance, Oliver said.

Oliver said she went into another bedroom and found two men, one dead in the floor, the other alive on a bed.

Using photos already in evidence, Oliver showed the jurors where victims were located, especially Michael Toler who was still alive lying on a bed without sheets "gasping for air." Oliver said she ran outside and got paramedics to attend to Michael Toler.[/B]

After putting crime scene tape up around the home, she left the scene, she said.

She said that defendent Guy Heinze Jr. appeared calm and was not crying.

Under cross examination from Newell Hamilton Jr., Oliver said she entered the mobile home with her gun drawn because the officers were about to clear a residence.

Here it says Michael was found lying on the bed.

 

[oceanblueeyes]

I thought it said Micheal was found on a bed. At one point I thought someone said Russel was in the kitchen .

I thought we saw 3 victims where in the kitchen at one point.

I also thought I saw one LEO had testified to one location and another to a different location for the same victim.

I will go and look , but I just got windows 8 and a new laptop an I am having issues with it . It is the same feeling as moving to a new state. I cant find anything. Windows close and disappear . Copy and paste is super easy to mess up. I keep loosing windows and half the time the urls don't show up and I cant get them to appear.

Oh goodness I hope you get it all straightened out Soul. That can be so aggravating.

I remember the DA wanting to introduce evidence of blood spatter from drawings that were up on the refrigerator so at least one had to be sleeping in the kitchen I would think. That may be where the bloody palm print was found.

And the bloody knife was found by the couch in the living room so at least two of them had to be in there sleeping.

Chrissy, Michelle, Joe, and Byron were in one bedroom so that had to be the biggest bedroom in the trailer I would think. Michael was probably in the smaller bedroom.

IMO

 

[oceanblueeyes]

6:14 p.m.

The day's final witness was Glynn County police officer Roderic Nohilly who found Oliver, Stalvey and a state trooper on the front porch of the mobile home with Guy Heinze Jr.

Nohilly said he entered the mobile home with Stalvey. He saw a man lying on a mattress who appeared to be dead and another man lying on the kitchen floor, Nohilly testified.

Working with a diagram of the house, Nohilly testified he saw two people, Chrissy Toler and West, lying dead in a bedroom.

Stalvey, then a sergeant, notified other officers that he found one juvenile still alive, Nohilly said.

Nohilly said he exited the house and spoke with Heinze about what he had done the day before.

"I asked him if he knew anyone who would hurt his family. He said he didn't know anyone,'' Nohilly said.

Heinze gave him the names of all the victims and where they were in the trailer, he testified.

Heinze said he had gotten off work about 4:30 p.m., come to the trailer where he found all the victims and smoked marijuana with Joe West, bought crack cocaine from West and then left in Rusty Toler Jr.'s Mercury Cougar.

He went to friend's apartment, came back home but didn't go inside, Nohilly said.

Heinze said he went over to the window of the mobile home where he knew West was and got more crack cocaine from West. He drove to St. Simons Island, met his brother Tyler at a Best Western motel about 2:30 to 3 a.m. on the morning he found his father and others slain, Nohilly testified.

Heinze claimed he and his brother had breakfast and he drove the Cougar to the mobile home went inside and found everyone beaten he thought to death, Nohilly testified.

Heinze also said he put his hand on his father's chest and then went through the house and found all but Michael Toler dead.

"He said he checked everyone's wrist,'' Nohilly said.

Unable to contact the house phone, Heinze said he went to a neighbor and asked her to call 911, Nohilly said.

Heinze said he found the house phone on the living room floor and used it to call 911 a second time as he went back to Michael Toler's room. Asked if there were any weapons in the house, he said there two shotguns, a 16-gauge and a 20-gauge. He claimed he removed the 16-gauge earlier from the closet where Michael Toler lay and put it in the car's trunk because it had been stolen.

"He said he bought it off a subject he knew had stolen it and didn't want us to find it,'' Nohilly said.

Nohilly said he had never entered that room.

The khaki shorts that Heinze was wearing had a smear of blood on the leg, but Nohilly said he saw no other blood on Heinze.

Heinze also acknowledged he had smoked crack all night and was still high, he said.

The jurors have told Judge Stephen Scarlett they want to start trial earlier so court will resume at 8:15 a.m. Thursday.


Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2hzON9zwg

I am bringing up the updates again to refresh our memories.

Here it says one man was found on the kitchen floor.

IMO

 

[Soulmagent]

I have cut and pasted all the statements I could find on where everyone was.

As jurors were riveted on the crime scene video that showed the victims’ bodies lying about the house in front of bloodied walls and beds

In his opening statement Assistant District Attorney John B. Johnson said that the person Heinze identified as a cousin, Michael Toler, 19, had been most savagely beaten and there was blood all over his bed and the room.

The youngest of those killed, Michelle Toler, 15, had 48 external injuries, medical examiner Edmund Donoghue testified. That was more than any of the other victims and were among more than 200 collectively.

She had injuries to the back of her head, forehead, neck, eyes, nose, mouth, face, chest and hands, he said.

She also had a blow that exposed her skull, a photo showed



Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2iJuBBBhE

In spite of noisy fans running throughout the trailer, Stalvey testified that while standing in the kitchen he heard whimpering from a back bedroom.



Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2iJwDAh9G

Also, police found Michelle Toler’s cellphone in the car Heinze was driving: It had the blood of West who was beaten to death in the same room as Michelle, Johnson said

He identied the butt stock of a shotgun that he took as evidence from the master bedroom where Russell Toler Sr. lay dead near the door. The butt was lying next to his head.

( officer Strolh)

Georgia Bureau of Investigation analyst testified Thursday that the blood on the cell phone was that of Joseph West, who was killed in the same room as Michelle Toler

Nohilly said he entered the mobile home with Stalvey. He saw a man lying on a mattress who appeared to be dead and another man lying on the kitchen floor, Nohilly testified Working with a diagram of the house, Nohilly testified he saw two people, Chrissy Toler and West, lying dead in a bedroom.

Oliver said she went into another bedroom and found two men, one dead in the floor, the other alive on a bed.



Using photos already in evidence, Oliver showed the jurors where victims were located, especially Michael Toler who was still alive lying on a bed without sheets "gasping for air." Oliver said she ran outside and got paramedics to attend to Michael Toler.



Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2iJtgxqzd

Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2iJtBPEA0

Read more at Jacksonville.com: http://jacksonville.com/news/georgi...-jrs-death-penalty-murder-trial#ixzz2iJsmsXUv

 

[popsicle]

Thanks OBE and SoulMagent

 

[oceanblueeyes]

--------------------------------------------------------------------------------

Well there is at least one 'Pinellas' clueless on this jury. No evidence?:banghead: What a freaking idiot.:banghead:

By Terry Dickson




8:55 a.m.

BRUNSWICK | Glynn County Deputy Sheriff Rocky Mortoriet testified Monday in Guy Heinze Jr.'s death penalty murder case that he heard a juror violating the judge's instructions to not discuss the case until deliberations begin.

Judge Stephen Scarlett heard evidence, held a sidebar confernce with prosecution and defense attorneys and then called the jury in to resume the trial without issue issuing any ruling.

Mortoriet, who has been acting as a bailiff protecting the jurors from outside influence, getting them lunch and taking them to their hotel rooms, said it began Wednesday when he took the juror to the gym.

"He said there is no way I can convict this gentleman,'' that there is no evidence against him, Mortoriet testified.

The juror said that before the trial, he had called a homicide detective in California and asked how he would rate the trail, Mortoriet told Judge Stephen Scarlett.

Under questioning from District Attorney Jackie Johnson, the deputy said the the juror said the detective rates interviews with suspects from one to 10.

Then he takes an average of his rating, the deputy said the juror said.

Sunday when Scarlett allowed the jurors to meet with close family members, he heard the juror talking with his wife about what he had heard in the courtroom.

"I explained to them there would be absolutely zero conversation about the trial,'' he said.

Five minutes later he was again talking about the trial, Mottoriet testified.

Mortoriet said he got closer to them and, "I heard him say, 'and the roaches were so bad.'''

There has been testimony in the case that some of the eight people beaten to death in a mobile home, for which Heinze is charged with malice murder, had cockroach bites on their bodies.

Another bailiff, who Mortoriet referred to as Deputy Justice, said she had heard the juror, idenfied only as No. 152, tell his wife that Heinze had consumed a lot of cocaine.

Deputy Justice caught his eye and shook her head to indicate it was not allowed.

The deputy said he and Justice have cautioned him to not discuss the case.

"Three times counting yesterday when I told him absolutely no conversation,'' the deputy said.

Other jurors have complained they believe he's trying to discuss the case with other jurors, but he conceals his conversations by shielding the side of his face with his notepad.

When the jury was seated at 8:50 a.m., Scarlett again cautioned them "that it would be improper to discuss this case."

"If any of you hear another juror discussing this case or commenting on this case, you are to immediately report it to a bailiff,'' Scarlett said.

http://jacksonville.com/news/crime/...e-jrs-death-penalty-murder-case-resumes-after

 

[oceanblueeyes]

By Terry Dickson




9:35 a.m.

A man who cooked Heinze breakfast said he appeared very nervous in a St. Simons Island restaurant.

Jason Ogden said that in the early morning hours of Aug. 29, 2009, he was managing the Huddle House on St. Simons Island. He was doing paperwork in the office when waiter Candy Anderson came into the office and said she was uncomfortable.

“I came out front and started cooking,’’ he said.

He said Guy Heinze Jr., who he knew, was there with someone who could have been his brother along with some other customers.

“He paced back and forth. He sat still about two minutes and then walked outside the restaurant,’’ Ogden said.

He seemed very tense and he and the male he was with got their food to go.

Checking a register receipt record, it appeared Heinze was there was at at 7:08 a.m., Ogden testified.

“A Philly cheese omelet and a order of hash browns all the way,’’ he testified examining the bill.

“They could have been there 15 minutes, tops, just long enough to cook the food,’’ Ogden said.

They left in a gold Dodge Charger and Heinze was in no shape to drive “as nervous and tense as he was,” Ogden testified.

Heinze exhibited the symptoms of being “on some kind of speed,’’ which Ogden had seen in family members, Ogden testified during cross-examination.

“Cold sweat, nervous, walking back and forth … that’s what I’ve been seeing all my life,’’ Ogden said. “That’s why my waitress came and got me. He made her nervous.”

He saw Heinze walk across a parking lot to a Friendly Express store and come back but didn’t know if he came back inside the Huddle House, Ogden testified.

Just over an hour after Heinze left the restaurant, Heinze told a 911 operator he had come home to find his whole family “beat to death.’’


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...nalty-murder-case-resumes-after#ixzz2iMdHkfT9

 

[popsicle]

Why aren't they booting that juror, I wonder?

 

[Soulmagent]

Why aren't they booting that juror, I wonder?

Maybe is an alternet?

 

[popsicle]

10:50 a.m.

Margaret Orlinski, who lived two doors away from Guy Heinze Jr. and the eight he is accused of slaying, testified she saw someone drive into New Home Mobile Home Park in a blue-gray car then saw a frantic Heinze a short time later on the morning of Aug. 29, 2009.
Heinze came running down her driveway yelling, "Help, help, help,'' she testified on the sixth day of Heinze's death penalty murder trial.

"Guy was out there screaming, 'My whole family's dead. My whole family's dead,''' she testified.

He told her to call police, and she used her cell phone to call 911.

"He was out in front of my truck dry heaving, trying not to puke,'' she testified.
Heinze was understandably in shock, she said.

Orlinski said she had never seen anyone but Russell D. Toler Jr. drive the Mercury Cougar that was parked beside the trailer that Heinze and his father shared with the eight members of Russell D. Toler Sr.'s extended family. Heinze told police he had borrowed the car from Toler Jr., a victim in the slayings.

"That was his baby,'' she said of the car.

She also said that Buddy, the Toler family's dog, was tied up on the front porch and that "He was a barker."

Orlinski testified that to her knowledge Heinze had no cell phone of his own and nor had she seen him with a shotgun that morning.

Heinze told police that he had taken a shotgun out of the house before he had Orlinski call 911 and put it in the car. Heinze explained he had paid $25 for the gun but believed it had been stolen.

Police have introduced an ATF transaction record showing that the senior Toler had bought the shotgun years before.

Examining a picture of Heinze, she said that it appeared to be the way he was dressed that morning, in a striped blue polo shirt and in khaki shorts "other than he was barefoot."
"That whole family never had shoes on. I don't understand it," with all the fire ant and other things out there, she testified.

Under cross-examination from defense lawyer Newell Hamilton Jr., Orlinski said that she saw Heinze play with Byron Jimerson, who survived being severely beaten.

"My dog would have barked had he heard Buddy bark. He would have alerted me ... My dog would have gotten riled up,'' she testified.

Buddy didn't bark every time someone came to the house, but he was aggressive toward strangers, she testified.

Michael Nixon testified he lived next door to Orlinski and close to the Toler family's mobile home.

"I heard the dogs going crazy outside, barking,'' Nixon testified about the morning the deaths were discovered.

When he heard voices, he looked out and Russell Toler Jr.'s car, Orlinski and Heinze and then went outside.

"He said his whole family was dead, they had been beaten to death,'' Nixon said.
Heinze repeated that his family was dead and asked to borrow Nixon's phone to call his brother, Tyler., he testified.

Nixon said he called the park manager to let her know what was going on.

Nixon testified he saw Heinze go back in the house three times, and "I told him he needed to stay out of there."

Buddy was a bull mastiff about a year old and "was fine with me,'' but couldn't stand the other maintenance man who teased him.

Of Toler Jr.'s car, Nixon said he had never seen anyone but Toler Jr., his father and sister Chrissy drive the car.

"That was his treasure,'' he said of the car.

Under cross-examination, Nixon identified a pair of khaki shorts and said they appeared to be the ones he was wearing that morning.

Nixon said he heard Heinze yelling from inside the trailer, ''Michael's still alive. Call an ambulance."

Michael Toler survived until the next day when he died at a Savannah hospital of severe head injuries.

He confirmed Orlinski's testimony that the two of them had had beer and tequilla together the night before and that he was intoxicated.

Nixon said the only time he had seen Heinze drive the Mercury Cougar before, Toler Jr. was in the car.

Once the Tolers' mobile home was moved about a year later, Nixon testified, he tore down the concrete steps and found a framing hammer.

"It mainly looked like dirt on it to me,'' he testified of material on it.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...nalty-murder-case-resumes-after#ixzz2iN54sNLa