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

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From the article regarding the DNA evidence: " Forensic experts estimate there is less than one in 14 million chances of a false match."

Perhaps his defense is that he "only" raped her while somebody else shot her but this is the guilt clincher for me and why I could not be on that jury.

Justice soon. Justice finally.
 

Without a doubt we will all be watching if we can. Personally and professionally I support the first amendment and the station’s right to produce and air this.

The issue I have is that it is suspiciously close to trial. Channel 4 had over three years to do this and now?? Many of those who could have had an objective input into it are under a gag order or an advisory warning by the presiding Judge and will not be heard from in this quasi-documentary. It will be interesting to see how and with whom the television station extracts their information. From the teaser/trailer there could be issues depending on when any interviews were taken.

I could write an entire page about this. But in the end, even with this sensational timing, I still support freedom of the press. It is my only fervent hope that a qualified jury pool can be selected after all that everyone has been through. I don’t think this production will help in that much, if anything the opposite. Just poor foresight and late timing on the part of the station if they are actually the only ones involved in this. But alas, I have faith in my citizens of Ozark and Dale County that those qualified will suit up and show up if summoned.

As I have stated in prior postings and other conversations that I am not the least interested in either a conviction or an acquittal of Mr. McCraney. That my friends, is for a jury of his peers. My interest is in for honest justice to be served, which I hope it is. That is the good fight. It is the bigger picture. My deeper interest however, is to know the facts of what happened. That deeper thirst, I am afraid, may never be quenched.

Love you Folks! Thank you for sticking with this

Justice On!!!
 
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Thursday, April 14th:
*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 set to begin on 4/17/23. 12 jurors & 2 alternates will be picked.

Court information from 4/3/19 thru 2/28/23 reference post #685 here:
https://www.websleuths.com/forums/t...17-ozark-31-july-1999-5-arrest.465871/page-35

3/3/23: Defense's motion for charge conference & opportunity to review & object to final jury charge before reading to jury-(Granted 3/16/23). Defense's motion to incorporate all Federal & State constitutional grounds in support of all motions & objections made in these proceedings-(Granted 3/16/23). Defense's motion for full recordation of all proceedings-(Granted on 3/10/23). 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. 3/16/23 Update: Judge William 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 4/13/23. 1. Allowing both prosecution & defense to argue their positions in the case during the penalty phase, if McCraney 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.
3/15/23: State's response to defendant’s motion to prohibit death penalty without unanimous jury verdict. Siting Alabama law code that only need at least 10 jurors to vote for death. Defense's motion for disclosure of any alleged prior wrongs, crimes, or acts the State intends to introduce at trial. Defense's motion to remove potential jurors who are biased in favor of the death penalty. State's response to defendant's motion to submit evidence of & argue residual doubt at the penalty phase. Siting residual doubts are not proper sentencing considerations under Alabama law. State's response to defendant's motion to incorporate all Federal & State constitutional grounds in support of all motions & objections made in these proceedings.
3/20/23 Update: Dale County Circuit Clerk Deloris Woodham confirms that 300 prospective jurors are summoned to McCraney’s murder trial next month. That is 50 more than in August, when a mistrial was declared because not enough jurors could be seated. Of 250 prospective jurors summoned then, only 75 showed up. Others were allowed to reschedule because of conflicting plans; five had died, some moved, and a few snubbed their duties. There seems to be guarded confidence that a jury will be seated this time, as Dale County Circuit Judge William Filmore limits the number of questions attorneys are permitted to ask during the selection process, known as voir dire. 12 jurors & 2 alternates will be selected when McCraney’s trial begins on April 17.
3/20/23 Update: Judge William Filmore denied the motion to prohibit the death penalty without a unanimous sentencing verdict in McCraney’s case. The court denied this motion because they say the law is clear & that if 10 out of the 12 jurors recommend the sentence of death then that is what the sentence will be. The judge adds that the court will not rewrite the law & that it is the job of the legislature to change the law, not the court. So if McCraney is found guilty he could be facing the death penalty, without all 12 jurors agreeing on that sentence. Judge Filmore also denied the defense’s action for the ability to use evidence & argue lingering uncertainty about facts, also known as residual doubt. Before trial at least five more motions, in this case, will be heard by Judge Filmore. This includes a motion to allow the jury to visit the crime scene, a motion to suppress any statements that McCraney allegedly made when he was first arrested by Ozark Police in March of 2019 & a motion to suppress evidence of the car that Beasley & Hawlett were allegedly found in. Judge William Filmore has scheduled another hearing on 4/13/23 to hear the remaining motions.
4/1/23 Update: Some of the motions to be heard on 4/13/23: 3/24/23: The State response to the Defense Motion to exclude or partially exclude McCraney’s initial post-arrest interview with the Ozark Police and ABI. State's objection to defense's motion to suppress evidence from 1993 Mazda 929. 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. 3/30/23: State's objection to Defense's subpoena Duces Tecum. A request by the State to quash the subpoena by the defense for the personnel records for former Ozark Police Chief Marlos Walker.
 
Lets pray these families recieve truth and justice starting next week. The tragedy of these two girls' murders and the lives that should have been.
 

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The question has been raised--Is a DNA hit enough for prosecution? In these cases law enforcement always looks for more evidence. The first thing is, where was the suspect at the time of the murder?

It turned out that Coley McCraney was living close to where the bodies were found.

As I previously commented, it looks like McCraney posed as a Good Samaritan who would show them the way back to the main highway.
 

The reasons to allow the jury to visit the scene obviously outweigh the State’s flimsy reasoning as to why not. The prosecution feels they have a strong case. Let them come, stand and deliver, instead of whining over this defense request. If this case is strong as it should be at this point, then let it stand on it’s own merits. This all started at the behest of ADA Massey, not the AG who is now in charge of the trial action.

As far as the victim’s vehicle, the Mazda 929. It is gone, sold or otherwise disposed of. Allegedly to eventually be scrapped. Only what evidence the authorities felt was complete at that time was retained. Yes, this was done at the authority or at least the “acquiescence” of the DA/OPD. (I do have hard questions about this act that remain unanswered). So, the jury shall be the final arbiter of this fact and whatever conclusion it may proffer.
 
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I certainly hope they saved it. I wonder if it has been compared to McCraney?
It has been on both questions. To best knowledge it has been identified and is not McCraney’s. Best available information only.
The folks I speak to hold tight to the vest sometimes. I ask far too many questions
 

Yes please. Inquiring minds want to know!!

I was advised with somewhat strong assurance that the trial would actually begin on Wednesday and to be there @ 8:30 a.m. ( the jury selection is expected to be two days)

That is a very large pre-selection jury dismissal In any case, civil or criminal In my experience.

Wow, just wow
 
Last minute Rulings on motions by Judge Philmore that have shown up on my Alacourt

1. Motion for State to produce J.B’s 929 Mazda
Denied. This was a no brainer. OPD disposed of it in 2005.
But good lawyering. It needs to be on record for appeal.
2. Motion for jurors to view to view the crime scene
Denied
3. Motion to exclude jurors that have a bias towards the death penalty
Denied
4. Motion for State to disclose any prior crimes or wrongdoing by McCraney prior to introduction at trial.
Sustained Another no brainer. Doing otherwise would run afoul of long established Supreme Court ruling in Brady v Maryland

You know, I struggle sometimes, not to understand the legal reasoning on this case, but the common sense or lack thereof applied by all involved parties.

As always friend, thank you for sticking with the good fight.
Justice On!!
 
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Last minute Rulings on motions by Judge Philmore that have shown up on my Alacourt

1. Motion for State to produce J.B’s 929 Mazda
Denied. This was a no brainer. OPD disposed of it in 2005.
But good lawyering. It needs to be on record for appeal.
2. Motion for jurors to view to view the crime scene
Denied
3. Motion to exclude jurors that have a bias towards the death penalty
Denied
4. Motion for State to disclose any prior crimes or wrongdoing by McCraney prior to introduction at trial.
Sustained Another no brainer. Doing otherwise would run afoul of long established Supreme Court ruling in Brady v Maryland

You know, I struggle sometimes, not to understand the legal reasoning on this case, but the common sense or lack thereof applied by all involved parties.

As always friend, thank you for sticking with the good fight.
Justice On!!

On your #4 - the Judge granted that motion.... or if I am not understanding the "sustained" part! :)

per my notes:

Judge Filmore granted two motions in the hearing, the motion to disclose any alleged prior wrongs, crimes, or acts the state intends to introduce at trial. This means the defense must be notified of any alleged prior crimes or acts committed by McCraney before his 2019 arrest that the state intends to reveal. McCraney’s attorneys say the failure to disclose this information would violate McCraney’s right to a fair trial. They also want enough time to investigate the allegations before it is brought up in trial.
Also:
Judge Filmore also granted the state’s objection to the defendant’s subpoena of former Ozark Police Chief Marlos Walker, as the defense wanted Judge Filmore to view Walker’s personnel file.

The motion to suppress all evidence found in the 1993 Mazda 929 where Beasley and Hawlett were found, the motion to allow the jury to view the crime scene & the motion to remove jurors who are swayed towards granting the death penalty were denied by Judge Filmore.
 
On your #4 - the Judge granted that motion.... or if I am not understanding the "sustained" part! :)

per my notes:

Judge Filmore granted two motions in the hearing, the motion to disclose any alleged prior wrongs, crimes, or acts the state intends to introduce at trial. This means the defense must be notified of any alleged prior crimes or acts committed by McCraney before his 2019 arrest that the state intends to reveal. McCraney’s attorneys say the failure to disclose this information would violate McCraney’s right to a fair trial. They also want enough time to investigate the allegations before it is brought up in trial.
Also:
Judge Filmore also granted the state’s objection to the defendant’s subpoena of former Ozark Police Chief Marlos Walker, as the defense wanted Judge Filmore to view Walker’s personnel file.

The motion to suppress all evidence found in the 1993 Mazda 929 where Beasley and Hawlett were found, the motion to allow the jury to view the crime scene & the motion to remove jurors who are swayed towards granting the death penalty were denied by Judge Filmore.
You are correct. Sustained = granted.

Also, thank you for your highly focused attention to this case. It is appreciated by myself and many others I am confident

Justice On!!!
 
You are correct. Sustained = granted.

Also, thank you for your highly focused attention to this case. It is appreciated by myself and many others I am confident

Justice On!!!

I have followed this case since I joined WS - so want JUSTICE for these 2 ladies!

Hoping it will come SOON!! :) And thank you for updating us (me) on new motions, etc.!!
 
Setting Date: Monday, April 17, 2023

Judge WILLIAM H. FILMORE

Case Number TimeName
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
 
It will be interesting to see how this case plays out. What if there is no other evidence against McCraney except for the DNA evidence? DNA evidence is strong evidence. Will more evidence be presented other than the DNA evidence?

Did the girls really get lost after getting directions at the Big Little gas station? It is kind of hard for someone to end up in J.B. Beasley and Tracie Hawlett's car without the car stopping. In my opinion, I do not think the killer stood out in the middle of the road and flagged them down to pull over like in that poorly done re-enactment on the show, Haunting Evidence.

Where did the girls end up going after they left the Big Little gas station/convenience store in Ozark, AL? Where did they cross paths with their killer? I understand that we might never know the answers to those questions.
 
Monday, April 17th:
*Jury Selection set to begin (@ 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 set to begin on 4/17/23 with jury selection. 12 jurors & 2 alternates will be selected. Opening statements should begin on 4/19/23.

Court information from 4/3/19 thru 3/20/23 reference post #705 here:
https://www.websleuths.com/forums/t...17-ozark-31-july-1999-5-arrest.465871/page-36

4/1/23 Update: Some of the motions to be heard on 4/13/23: from 3/24/23: The State response to the Defense Motion to exclude or partially exclude McCraney’s initial post-arrest interview with the Ozark Police and ABI. State's objection to defense's motion to suppress evidence from 1993 Mazda 929. 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. 3/30/23: State's objection to Defense's subpoena Duces Tecum. A request by the State to quash the subpoena by the defense for the personnel records for former Ozark Police Chief Marlos Walker.
4/13/23 Update: On Thursday, McCraney’s attorneys say they received a notice that 147 of the 300 summoned jurors had been excused. After getting this notice, the defense requested an emergency hearing take place. Attorneys David Harrison & Andrew Scarborough want to question Dale County Circuit Clerk Delores Woodham about the dismissed jurors, specifically about their races & why they were taken off the list. Judge Filmore has not ruled on the request for an emergency hearing. Judge Filmore granted two motions in the hearing, the motion to disclose any alleged prior wrongs, crimes, or acts the state intends to introduce at trial. This means the defense must be notified of any alleged prior crimes or acts committed by McCraney before his 2019 arrest that the state intends to reveal. McCraney’s attorneys say the failure to disclose this information would violate McCraney’s right to a fair trial. They also want enough time to investigate the allegations before it is brought up in trial. Judge Filmore also granted the state’s objection to the defendant’s subpoena of former Ozark Police Chief Marlos Walker, as the defense wanted Judge Filmore to view Walker’s personnel file. The motion to suppress all evidence found in the 1993 Mazda 929 where Beasley & Hawlett were found, the motion to allow the jury to view the crime scene & the motion to remove jurors who are swayed towards granting the death penalty were denied by Judge Filmore. The defense withdrew the request to suppress McCraney’s alleged statements made to Ozark Police after his 2019 arrest. Jury selection begins on 4/17/23 & should run about 2 days with opening statements on Wednesday, 4/19/23.
 

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