GUILTY AL - Savannah Hardin, 9, forced to run til she died, Etowah Co., 17 Feb 2012

[Shelby1]

WilliamThornton @billineastala · 2h2 hours ago

First was Joyce Garrard's nephew who said he rode dirt bike by the house about 3 or 4 pm and saw Savannah and Joyce Garrard in yard.

WilliamThornton @billineastala · 2h2 hours ago

Defense has called 3 witnesses.

WilliamThornton @billineastala · 2h2 hours ago

He said he only went by twice, was traveling fast and didn't tell investigators.

WilliamThornton @billineastala · 2h2 hours ago

Next was Joyce's sister, the nephew's mom. She said she passed by between 5 and 6, while talking on cellphone twice.

WilliamThornton @billineastala · 1h1 hour ago

She said Savannah waved at her and didn't look in distress. She also said she did not stop to talk to Joyce because they were not

WilliamThornton @billineastala · 1h1 hour ago

...on speaking terms at the time.

WilliamThornton @billineastala · 1h1 hour ago

Third witness was Savannah Hardin's PE teacher, who said Savannah liked to run and there was a competition for running.

WilliamThornton @billineastala · 1h1 hour ago

DA Harp asked her if she would ever run a child for three or four hours, or if she seemed injured or throwing up. She said no.

WilliamThornton @billineastala · 1h1 hour ago

Defense then called Emily Ward the pathologist back to the stand, but said they had tried to contact her and had not been able to reach her.

WilliamThornton @billineastala · 1h1 hour ago

State then objected to "theatrics," and the jury was excused. After 10 mins huddle at the bench with Ogletree, judge dismissed until 2:50.

WilliamThornton @billineastala · 1h1 hour ago

Back to court.

WilliamThornton @billineastala · 46m46 minutes ago

Court done for the day. A juror had a medical issue and the jury was dismissed about 3.

 

[Shelby1]

WilliamThornton @billineastala · 46m46 minutes ago

Then the defense called State Dept of Forensics Director Michael Sparks. Subject was Dr Emily Ward.

WilliamThornton @billineastala · 46m46 minutes ago

Outside the jury's presence, Sparks was asked about Wards job record.

WilliamThornton @billineastala · 45m45 minutes ago

You'll recall, Ogletree swore Ward in last week and allowed questions away from jury. Ward said she was never disciplined and retired on...

WilliamThornton @billineastala · 45m45 minutes ago

...disability. sparks said the same thing. Defense attorney Dani Bone asked about a letter from Sparks saying Ward was on leave pending...

WilliamThornton @billineastala · 44m44 minutes ago

...investigation into falsified time sheets. He said leave is standard procedure during investigation.

WilliamThornton @billineastala · 44m44 minutes ago

Sparks said there are four levels of discipline for state - warning, reprimand, suspension and termination. She never fit those categories.

WilliamThornton @billineastala · 43m43 minutes ago

Marcus Reid asked if she had ever been suspended or disciplined. He said no

WilliamThornton @billineastala · 43m43 minutes ago

Dani Bone tried to admit four documents. State objected. Judge sustained.

WilliamThornton @billineastala · 42m42 minutes ago

Dani Bone tried to ask another question. Reid objected, calling for Ogletree to cite him for "a flagrant violation of the rules, as usual."

WilliamThornton @billineastala · 41m41 minutes ago

Ogletree sustained objections, and court adjourned - except for discussion of juror's medical issue.

WilliamThornton @billineastala · 41m41 minutes ago

That was done away from public. Much larger crowd than last week.

 

[waltzingmatilda]

Really? You wish for a 9 yr old to be killed? Come on.. Bad form.

She is a hateful woman and the fact that she would do this to a child means she is a bully who likes to dominate. May she be in jail and dominated a long time there.

Hey there ScarlettScarpetta! So Glad you have joined us and I always enjoy your perspective. It isn't always easy for me to interpret the written word but IMO LinasK's comment was meant as sarcastic humor. I don't think any of our members would wish a 9 yr old child to be killed.

I wonder what you and others think is appropriate punishment for this bully grandmother at this juncture. If we were a mock jury, what would we vote? At this point, I would vote LWOP. But teetering on DP because it appears it was premeditated after the conversation with the bus driver. Not to mention the changing stories to 911 and the authorities afterward.

Just curious what y'all think about an appropriate sentence. MOO

 

[Shelby1]

WilliamThornton @billineastala · 11m11 minutes ago

Joyce Garrard's relatives say they saw Savannah running http://s.al.com/WD88gol via @aldotcom

 

[ScarlettScarpetta]

Hey there ScarlettScarpetta! So Glad you have joined us and I always enjoy your perspective. It isn't always easy for me to interpret the written word but IMO LinasK's comment was meant as sarcastic humor. I don't think any of our members would wish a 9 yr old child to be killed.

I wonder what you and others think is appropriate punishment for this bully grandmother at this juncture. If we were a mock jury, what would we vote? At this point, I would vote LWOP. But teetering on DP because it appears it was premeditated after the conversation with the bus driver. Not to mention the changing stories to 911 and the authorities afterward.

Just curious what y'all think about an appropriate sentence. MOO

I think lwop works. I think she should never see the light of day for killing someone so young and innocent in such a tortuous way. I don't see this as a DP case. I think the punishment was premeditated but I don't think the murder was.

What I am having an issue with is her asking for a smoke or throw. I have not heard it.. But if she asks for a smoke.. Oh boy.

I wish there was really hard time for people who do these things. Working long hard days in the sun and bad weather. I think her sentence should include work.

 

[FinallyRegistered]

I think LWOP as well. Considering that the step-mother was there for the torture, I would be interested to see what she has to say ... it just might tip me over to DP.

 

[Queen Bee]

so according to testimony, grandma's sister passed by twice but didn't stop because at the time, her and joyce weren't on speaking terms.......:argue:

well, i tell ya i am just shocked:noooo:............grandma seems such a sweetie pie with a loving and caring disposition, i pictured her the belle of the county and the apple of everyone's eye :winkkiss:

she just exudes joy and kindness, doesn't she? i must rethink my whole mental picture of her now :thinking:

:notgood:

 

[waltzingmatilda]

I think lwop works. I think she should never see the light of day for killing someone so young and innocent in such a tortuous way. I don't see this as a DP case. I think the punishment was premeditated but I don't think the murder was.

What I am having an issue with is her asking for a smoke or throw. I have not heard it.. But if she asks for a smoke.. Oh boy.

I wish there was really hard time for people who do these things. Working long hard days in the sun and bad weather. I think her sentence should include work.

We are on the same page Scarlett. JG picking up trash on the side of AL highways in the oppressive summer heat, and inclimate weather in winter for the rest of her life would be ok by me.

Does anybody know where Joyce's new home will be if she is sentenced? The only women's prison in AL that I know of is Julia Tutwiler Women's Prison but that was almost 30 years ago when I lived there so surely there are more these days. Tutwiler has been in the news these past few years. Not a nice place to spend one's life but then what prison is?

 

[believe09]

I am going to weigh in and say that picking up trash on the side of the highway seems pretty darn appropriate. For the rest of her natural life, of course.

 

[Shelby1]

WilliamThornton @billineastala · 46m46 minutes ago

Joyce Garrard's nephew said several times that he was traveling rapidly past her home when she saw Savannah Hardin.

WilliamThornton @billineastala · 46m46 minutes ago

He said he works third shift, and apparently just wanted to ride his motorcycle that day

WilliamThornton @billineastala · 45m45 minutes ago

Apparently part of the way he went down a dirt road, then slowed near Garrard's house to get onto a paved road. Virtually no traffic at time

WilliamThornton @billineastala · 45m45 minutes ago

He said he rode by twice within a half hour's time. Savannah was not running the first time. Neither was Joyce, he said.

WilliamThornton @billineastala · 44m44 minutes ago

Prosecution wanted to make sure that he told how he saw her carrying sticks - that is, in the same manner as other witnesses.

WilliamThornton @billineastala · 43m43 minutes ago

When his mother testified - Joyce Garrard's sister - she was very blunt when asked by Richard Rhea if the two were on speaking terms.

WilliamThornton @billineastala · 42m42 minutes ago

"No," she said, without any hesitation. Apparently that had been the case for months.

WilliamThornton @billineastala · 42m42 minutes ago

Again, when Jessica Hardin was mentioned, it was her being on the front porch looking at a laptop.

WilliamThornton @billineastala · 41m41 minutes ago

Both Thompson and Hardin's testimony helped the defense, because it undermined the idea of Savannah running solidly for three hours.

WilliamThornton @billineastala · 41m41 minutes ago

Hardin said she "seemed fine," while Thompson said he didn't see her crying hysterically.

 

[Shelby1]

WilliamThornton @billineastala · 41m41 minutes ago

But their testimony also helped the prosecution, you might say, because he saw her picking up sticks, and she saw her running.

WilliamThornton @billineastala · 41m41 minutes ago

At one point, Hardin said she was going to check on Thompson, her son, who only lived a short distance down the road.

WilliamThornton @billineastala · 41m41 minutes ago

"He wasn't there," she said. "That's what happens when you don't call."

WilliamThornton @billineastala · 41m41 minutes ago

"I've dropped in on him before, and it didn't turn out very good," she said. "I'll take your word for it," Richard Rhea replied.

WilliamThornton @billineastala · 40m40 minutes ago

"Please," she said. Hardin also has Savannah looking fine between 5 and 6 p.m. About an hour later, medics were called.

WilliamThornton @billineastala · 38m38 minutes ago

Savannah "would always ask if we were going to the track," meaning, running. "She was excited" on those days, the teacher said.

WilliamThornton @billineastala · 37m37 minutes ago

Dani Bone asked teacher if she had spoken to Joyce Garrard. She said they made small talk in the car riders line. Garrard picked up Savannah

WilliamThornton @billineastala · 35m35 minutes ago

"Would you ever say, 'I didn't tell you to stop!' to a child who was hyperventilating?" he asked. She said she wouldn't.
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WilliamThornton @billineastala · 35m35 minutes ago

"You say Savannah liked to run," he said. "I used to like to sit," he joked. The courtroom laughed, and Dani Bone objected.

WilliamThornton @billineastala · 35m35 minutes ago

He said the comment was irrelevant.

 

[Shelby1]

WilliamThornton @billineastala · 35m35 minutes ago

There was a lot of action regarding Dr. Emily Ward again.

WilliamThornton @billineastala · 34m34 minutes ago

The defense said, in front of the jury, that they were unable to call Ward to testify. When she finished last week, Ogletree told her...

WilliamThornton @billineastala · 35m35 minutes ago

...she might be called to testify again. State objected to "theatrics." The jury was excused for a break.

WilliamThornton @billineastala · 34m34 minutes ago

What followed were several minutes involving State Department of Forensics Director Michael Sparks and what looked like a bench hearing.

WilliamThornton @billineastala · 35m35 minutes ago

Ogletree swore him in, and Dani Bone and DA Harp began asking him questions about Ward's job performance.

WilliamThornton @billineastala · 35m35 minutes ago

After the jury was sent home for the day, Ogletree allowed the lawyers to put him on the stand and question him. The question overall was...

WilliamThornton @billineastala · 34m34 minutes ago

...basically the same as when Ward testified - was she ever disciplined on the job? Sparks said the answer was no.

WilliamThornton @billineastala · 34m34 minutes ago

If you recall, Ward apparently filed a lawsuit against the department in 2011, before her autopsy on Savannah Hardin, but kept working.

WilliamThornton @billineastala · 33m33 minutes ago

The argument, of course, was over the relevance of Ward's job status. Ogletree sustained the state's objections, which limited questions.

WilliamThornton @billineastala · 31m31 minutes ago

State had a lot of objections. Reid called it "a complete waste of time," accusing Dani Bone of "trying to bootleg" info into the record.

WilliamThornton @billineastala · 30m30 minutes ago

One other observation - when Sam Bone got up to argue that Joyce Garrard should be acquitted, he said Garrard was trying to punish Savannah.

WilliamThornton @billineastala · 29m29 minutes ago

Of course, the bus video basically has her saying this herself. The question is how much was she punishing Savannah.

 

[Shelby1]

WilliamThornton @billineastala · 29m29 minutes ago

But the defense witnesses nibble at the state's case by saying, She wasn't running for three straight hours. She seemed OK.

WilliamThornton @billineastala · 29m29 minutes ago

The PE teacher says Savannah wanted to get faster, just like Joyce Garrard said - that she wanted to "cheer" Savannah on to run faster.

WilliamThornton @billineastala · 28m28 minutes ago

The whole thing with Ward perhaps plants a seed, ever so slightly, that maybe the pathology report can't totally be trusted ...

WilliamThornton @billineastala · 28m28 minutes ago

...or maybe just clouds the issue enough. Even before the trial, prosecutors were concerned that issues with the pathologist would ....

WilliamThornton @billineastala · 28m28 minutes ago

..."take the jury's eyes off the ball." Based on some of the questions during the state's case, you might expect something tomorrow...

WilliamThornton @billineastala · 28m28 minutes ago

...about former Etowah County Coroner Michael Gladden. Or maybe not. As with previous tweets, I'm obviously not a lawyer.
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WilliamThornton @billineastala · 27m27 minutes ago

The wrangling between prosecution and defense today was nowhere near as acrimonious as last Wednesday, though.
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[Shelby1]

WilliamThornton @billineastala · 27m27 minutes ago

Anyway, that's all I've got for today from the trial. Don't know if the juror's health issue will have any effect going forward.

WilliamThornton @billineastala · 26m26 minutes ago

We'll have to see tomorrow.
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WilliamThornton @billineastala · 15m15 minutes ago

Need to make a comment. I just changed the headline on the Hardin story. Going back over my notes, I realize the nephew didn't say he saw...

WilliamThornton @billineastala · 15m15 minutes ago

...Savannah Hardin running. He said he saw her gathering sticks. It was Iva Hardin who said she saw Savannah running.

WilliamThornton @billineastala · 15m15 minutes ago

So it is correct to say that one relative saw Savannah running, while one said he saw her gathering sticks.

WilliamThornton @billineastala · 12m12 minutes ago

I did not wish to leave the impression that Joyce Garrard's relatives were undermining her defense. Both stated they thought ...

WilliamThornton @billineastala · 12m12 minutes ago

...Savannah was fine when they saw her. They said they didn't see her for long, but she seemed fine.

 

[Steely Dan]

I am going to weigh in and say that picking up trash on the side of the highway seems pretty darn appropriate. For the rest of her natural life, of course.

And she should have to do it faster.

 

[Shelby1]

Happy St. Patrick's Day!!!!!!
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WilliamThornton @billineastala · 13m13 minutes ago

Now I'm about to head into the Garrard trial for the second day of the defense.


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I'm putting a venison that we corned in the slow cooker and I'm ready for more trial.

Killer gramma doesn't get that in :jail:

 

[waltzingmatilda]

Good Morning Shelby1 and everybody! Happy St. Patrick's Day to all. I wonder what today's court will bring?

Yum! That corned venison sounds wonderful! I have seafood Chowdah in the crockpot!

 

[Shelby1]

WilliamThornton @billineastala · 13m13 minutes ago

Three witnesses this morning for defense.

WilliamThornton @billineastala · 12m12 minutes ago

Most testimony was from Donna Johnson, Savannah Hardin's principal at Carlisle Elementary.

WilliamThornton @billineastala · 11m11 minutes ago

She testified that Joyce Garrard was very concerned about Savannah, often asking advice.

WilliamThornton @billineastala · 11m11 minutes ago

Under cross examination, state asked her about questions her husband asked about the seizures. Husband is Joyce's pharmacist.

 

[Shelby1]

WilliamThornton @billineastala · 9m9 minutes ago

She said he said low sodium from too much water did not make sense. Joyce apparently asked him "have I ever lied to you before?"
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WilliamThornton @billineastala · 8m8 minutes ago

Other witness was a woman who saw Savannah Hardin in the yard while driving by who said she was picking up sticks but not running.

WilliamThornton @billineastala · 8m8 minutes ago

Defense also called physician who treated Savannah for ADHD. She testified to meds she took.

WilliamThornton @billineastala · 8m8 minutes ago

Under cross examination, she said she was concerned about the family dynamic between Joyce, Savannah and Jessica Hardin.

WilliamThornton @billineastala · 8m8 minutes ago

She said she was concerned enough that she considered reporting it, but did not.

WilliamThornton @billineastala · 6m6 minutes ago

During Johnsons testimony, under cross, prosecutors asked her about records showing Robert Hardin would occasionally restrict info ...

WilliamThornton @billineastala · 6m6 minutes ago

...from Joyce Garrard and from Jessica about Savannah.

WilliamThornton @billineastala · 7m7 minutes ago

Back to court.

 

[waltzingmatilda]

Interesting tweets from Will Thornton in court this morning! Where is the state going with this line of questioning? The question was to Savannah's ADHD physician about Robert Hardin occasionally restricting info about Savannah's care from JG and stepmom. Apparently, no response before break or WT didn't have time to tweet before court resumed.