GUILTY AL - J.B. Beasley & Tracie Hawlett, both 17, murdered, Ozark, 31 July 1999 *ARREST in 2019* #5

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most def agree. the only way I can imagine him being innocent is if he says he lied about lying about not knowing them and can prove he had sex earlier that evening at or near the hwy 36 party. I predict there are witnesses , i know of one couple there who talked to tracie. If there is any contact with JB by people there then there is not enough time for mccraney to have had sex with jb which seals his fate. its math. just my opinion. he cant have it both ways as his lawyer would like and his wifes alibi can be proven or disproved by the store's security video and witnesses who pulled up at the closed store like merrit.
There were actually 3 parties that night in that area near Echo. One was in Skipperville and 2 on 36 the one the girls were trying to go to was at Johnson's grandparents farm. Then you had a group camping at the bridge near Brown's crossroads.
 
Here is a way of looking at these murders, just my opinion as I have no vested interest nor ties to the case that is now 32 days from trial. I was told by an experienced homicide investigator crimes like this, those who commit them have motive, opportunity, and ability. From what Blacklist shared there is evidence of abilty- military trianing and violent behavior against women and children. I suggest there is opportunity and say this because the payphone records reveal the precise time Tracie Hawlet called her mother, 11:38 PM. Four friends were waiting for JB and Tracie at the shell station in Midland City, see map attached, that shows a 19 minute drive. Prior to this, if the witnesses who have come forward are truthful, then they were at a party location on highway 36 near Bethel church /old Johnson place, 11 minutes from the Ozark Big Little store. OPD knows they are at the Big LIttle minutes before it closes as the clerk stated she gave one of the girl's change for the payphone. So if at 11 you drive 11 minutes to a party, then spend x minutes talking to people, then drive 11 minutes back to the store you are now at 11:33 PM. X the number not known. What is known is at 11:38 PM Tracie calls her mother and says they are going to miss the curfew and stop on the way home to meet some friends who waited for them at the Shell on 231 (see map) . FOR THOSE ARGUING MCCRANEY IS INNOCENT DO THE MATH. The x number is 5 minutes, I do not believe this is enough time for some sort of encounter between JB Beasley and Coley McCraney. This means the sexual encounter, be it rape or consensual, had to occur AFTER they left the Big Little store during the time the defendant's wife has alibied him at a time that approaches the patholgist's estimate of the time of death. If McCraney's wife alibi collapses, as how Rena Crumb's statements did, this is devastating to David Harrison's defense strategy. People lie for a reason. The payphone records and the security video are not lying. And its reasonable to think they did not decide, while enroute to meet boys they had been dating, to have a random sexual encounter. I'm not sure how "reasonable doubt" works in a case like this where a timeline inidcates guilt, maybe an attorney or someone with a legal background can share. But according to Officer Bryan and Marlos Walker's testimony McCraney has claimed he did not know the girls, then we have his wife providing an alibi during the time the girls were abducted one raped then killed. But that appears to be a lie as the timeline shows the DNA which without question is McCraneys, is on JB Beasley. We have close proximity from McCraney to Hering street where the victims were found. You can wear a fancy bowtie and say all you want to the media like everyone knows a cop killed them and do your best to drag a police department through the mud but math is math. Your client continues to lie so what I hope a jury can get to is the truth what was the motive and who was involved, quit lying. The only possible way to break through this is the threat of the death penalty unless you tell what you know and be able to prove it. Blacklist appears to be a lawyer so I hope maybe he or she can reply with insight on how "reasonable doubt" works ina largely circumstantial case when you can prove a defendant and those providing him an alibi are lying and the math of a timeline places him with the victim near the time of death. BTW for those curious the McDaniels guy in what Blacklist shared is deceased- cancer.
 

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A reasonable doubt is a doubt based upon facts, reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of. (It is not required that the government prove guilt beyond all possible doubt, just reasonable doubt). This basic standard has been held up in state courts and also federal jurisdiction.

This is very subjective and of course, it must be a unanimous decision in a criminal case. Not only to each individual juror, but it must be a conclusion reached as a whole panel. This is exactly why in the past, I have always had issues with calling the outcome on a criminal case, while predicting a civil case is usually fairly easy

What most people do not consider in trying or observing a criminal case is, care should be taken to ensure that the language used in a verdict form (jury instructions) does NOT require the jury to find the defendant NOT guilty beyond a reasonable doubt to acquit. The government has a high bar to reach as it should be. (I am sure everyone here is familiar with that famous case in the 90s)

My strongest concern at the moment is seating a jury pool. I certainly hope it is more fruitful and effective than the first time around

Justice on my friends!!!
 
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It has been awhile since he was in court last - I shall shorten this up a bit.

Thursday, March 16th:
*Motions Hearing (@ 9am CT) – AL – J.B. Hilton Green Beasley (17) & Tracie Jean Hawlett (17) (reported missing July 31, 1999, Ozark & found August 2, 1999 in trunk of car) - *Coley Lewis McCraney (25 @ time of crime/45/now 49) arrested (3/15/19), charged (3/16/19) & indicted (6/6/19) with 2 counts of 1st degree murder, 2 counts of 1st degree murder while in the act of murdering two or more persons & 1 count of 1st degree rape (Beasley). Plead not guilty. Held without bond. Denied bond request 11/15/22. DA will seek DP.
Parabon Nanolabs GEDMatch DNA.
Trial was set to begin on 8/15/22 has been postponed until 4/17/23.
When jury selection began on 8/8/22 only 75 of the 250 people summoned showed up at the Dale County Courthouse. As a result, Judge William Filmore continued the trial on 8/9/22.

Court information from 4/3/19 thru 8/7/22 & Jury selection (Day 1-2) 8/8 to 8/9/22 & thru 8/22/22 reference post #649 here:
https://www.websleuths.com/forums/t...17-ozark-31-july-1999-5-arrest.465871/page-33

9/8/22 Update: Bond review hearing postponed until 11/10/22 @ 1:30pm. 10/26/22: Subpoenas: Randy Saffold, Barbara Culver, Tiffany Bane, Jeanette McCraney Loretha Ward.
11/10/22 Update: The defense called four different witnesses including his wife Jeanette & his sister. They all said McCraney is not a danger to the community & they believe McCraney would honor the conditions of his bond agreement. One neighbor even said that McCraney not living in the community has been detrimental & that he is the opposite of a danger to the community. In the proposed bond agreement, McCraney would be asked to wear an ankle monitor. The defense argues that McCraney has no prior convictions * that he is not a flight risk, as he has lived in Houston and Dale County all of his life. The state argues to keep McCraney in jail & schedule a trial date instead of granting McCraney a bond. Judge Filmore will decide if McCraney will be waiting on his murder trial from his home or from the Dale County Jail. A ruling will likely come next week.
11/16/22 Update: Dale County Circuit Judge William Filmore on Wednesday denied McCraney’s latest bond request & set the spring trial date on 4/17/23. 11/18/22 Update; Alabama Attorney General Steve Marshall will prosecute McCraney. Per court documents filed Friday, he assumes the case after Dale County Assistant DA David Emery, the lead prosecutor, suffered serious injuries in a biking accident. Emery’s role in the trial is not known as he continues to recover. Emmett Massey, another assistant DA, is also assigned to the case. Assistant Alabama Attorney General Jimmy Thomas also joins the prosecution team. Attorney David Harrison who, along with Andrew Scarborough, represents McCraney.
1/18/23: Defendant's motion for court reporter to transcribe hearing. Order-granted for transcribed hearing. 1/24/23: State's request for Discovery & Notice for expert witnesses-granted. 2/16/23: Defendant's Motion for Discovery & Notice for expert witnesses filed by David Harrison. Order: defendant's motion for discovery. Prosecutor shall, within 14 days, provide the defendant with all discovery they are entitled to. Signed by Circuit Judge William H. Filmore. 2/24/23: State's Notice of Discovery. 2/28/23: State's Notice of supplemental discovery.
3/3/23: Defense's motion for charge conference & opportunity to review & object to final jury charge before reading to jury. Defense's motion to incorporate all Federal & State constitutional grounds in support of all motions & objections made in these proceedings. Defense's motion for full recordation of all proceedings. Defense's motion to submit evidence of & argue residual doubt at the penalty phase. Defense's motion to prohibit death penalty without unanimous jury verdict.
3/10/23 Update: All 5 motions (from 3/3/23) will be reviewed & ruled upon at a hearing on 3/16/23 @ 9am.
 
Here is the outcome of today’s hearing:

Judge Fillmore ruled that all proceedings in this case shall be recorded by a court reporter.

The other two motions Will be decided on by the judge at a hearing on April 13th

1. Allowing both prosecution and defense to argue their positions in the case during the penalty phase, if McRaney is found guilty.

2. A motion by the defense to require a unanimous jury verdict during the penalty phase. Currently, Alabama requires 10 out of 12 jurors to elect the death penalty. The defense is requesting it be a unanimous decision.

Justice on my friends!!
 
Here are some of the State responses to the motions considered at hearing today.
in addition there is one new Defense motion filed. A motion to require the State disclose any crimes or wrongdoings by McCraney it intends to use at trial.

Justice on friends!
 

Attachments

  • State response to motion to prohibit death penalty without unanimous verdict.pdf
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  • Motion for disclosure of any alleged bar, wrongs, crimes, or ask the scale intends to introduc...pdf
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  • Motion to remove potential jurors, who advised in favor of the death penalty.pdf
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  • STATE’S RESPONSE TO DEFENDANT’S MOTION TO SUBMIT EVIDENCE OF AND ARGUE RESIDUAL DOUBT AT THE P...pdf
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  • STATE’S RESPONSE TO DEFENDANT’S MOTION TO INCORPORATE ALL FEDERAL AND STATE CONSTITUTIONAL GRO...pdf
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Thank you @killarney rose.


Good call by Filmore for not being baited into legislating from the bench. It is attempted in cases more often than people would think. Like it or not, 10-12 of jury votes is the statutory penalty requirement, so that has to be dealt with. So kudos to him. At least Alabama has gotten away from the judicial override on a death penalty case (from judges overriding a life verdict to death). Thinks are slowly getting more constitutionally correct in the heart of Dixie.

Also, forestalling the attorneys rearguing the case at a possible sentencing was a good judgement call. That is what having the trial is all about. No doubt, both sides will have adequate input both on positive and negative mitigation presentation during the fashioning of jury instruction during the penalty phase if it comes to that.

300 Summons issued. 20% more than the first round. Good call, but I am unimpressed still. I do not see anything (so far) in filings that alter the method of service other than a mailed post card. Requiring direct Sheriff service of process with acknowledgment returned would more of a legal “bite” into the legal responsibility the Summons commands and would likely increase the pool turnout. I have found nothing in statue so far that would prevent the Judge from ordering just that. The AOC is silent on escalating the form and fashion so there is no reason why not.

After all a man’s life could be at stake and that bar is pretty high; definitely surpassing the difference between the cost of a postage stamp and the short time needed to serve legal summons in person. Justice deserves this, it should be delivered. Let’s wake up, smell the coffee and do this the right way.


We shall see how the other motions pan out.


In any respect,
Justice on Friends!!!
 
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Ken Curtis, although his reporting is almost always slanted in favor of the police and prosecution, he is pretty much right most of the time. So we’ll see how the judge rules. This will be crucial.

Nothing to report new coming through AlaCourt With the exception of a lot of notifications of subpoenas being served and reserved.

Thank you for all of your support, my friends.
Justice on!
 
Just a reminder, there will be a final(?) pre-trial hearing on April 13th. There will be several motions argued during the hearing with others possibly to be brought.

1. A request by the State to quash the subpeopna by the defense for the personnel records for former Ozark Police Chief Marlos Walker.

2. The State response to the Defense Motion to exclude or partially exclude McCraney’s initial post-arrest interview with the Ozark Police and ABI.

3. The State response to the Defense motion to examine the 1993 Mazda 929; the vehicle in which the victims were found in on the date of discovery of the crime.

Have a pleasant weekend my friends.
Justice On!!!
 

Attachments

  • STATE’S OBJECTION TO THE DEFENDANT’S MOTION TO SUPPRESS EVIDENCE. 1993 MAZDA 929.pdf
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  • STATE’S OBJECTION TO DEFENDANT’S SUBPOENA DUCES TECUM.pdf
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  • STATE’S RESPONSE TO DEFENDANT’S MOTION TO SUPPRESS McCRANEY INTERVIEW .pdf
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Please take note that MSM did not clearly disclose that Gissendanner was subpoenaed by the defense counsel, not the State. So,in spite of this being presented as high point news worthy, it is actually in the end, will be most likely insignificant. Gissendanner will have little to assist in the case with the exception of possible testimony of attempted coaching by LEO/DA in order to obtain incriminating evidence on McCraney. With the focus on this case, I doubt that happened, at least not provable in any substantive way.

We are up to subpoena #132 at this point. (both State and Defense inclusive)

We will see.

Justice On Friends!
 
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Setting Date: Thursday, April 13, 2023

Case Number TimeName Judge WILLIAM H. FILMORE
26-CC-2019-000187.00 9:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000188.00 9:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000189.00 9:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000190.00 9:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000191.00 9:00AM MCCRANEY COLEY LEWIS

link: Alacourt ACCESS V2.0
 
And its reasonable to think they did not decide, while enroute to meet boys they had been dating, to have a random sexual encounter
In my experience you can't assume this - but there's so much circumstantial evidence I can't imagine it's the case here.
 

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