That's just it, SAM. Your assurance will not stand up in a court of law. They did not then and they do not now. They didn't stand up in a Grand Jury ten years ago and might not today. If assurance were proof perhaps the Grand Jury would have seen it differently. Not having proof that the hairs were Kevin's was the only lame leg the defense had to stand on. They and that little palm print are what link Kevin to the crime. Now who the hell do those hairs belong to and how can you prove it?
This is how it was according to Kevin as told to Texas Ranger Dunham:
Howard Dunham’s (Texas Ranger/Texas Department of Public Safety) testimony, Vol l, page 132
Birmingham Q: Now, at the time after you talked to him (KH), did you reduce the conversation to writing at or near the time it occurred, Howard?
A. I took a brief statement of his activities from Sunday afternoon at approximately 5 pm until the next morning, which would be Monday morning, and then I also wrote an interview in my writing, not a written statement, of the interview that I conducted with him.
Birmingham Q. Now, I show you ...
Texas Ranger Dunham reads the interview with Kevin he wrote and a signed statement:
On the 28th it was in the early evening hours and Kevin and I went to the Atlanta Police Department and after getting a background on Mr.Hailey growing up in Atlanta, this is the interview that I wrote up:
“On 2/28/92 Writer interviewed Michael Kevin Hailey, white male, date of birth 3/16/68. Hailey is a resident of Atlanta, living with his grandparents at 702 Walnut St. Hailey has lived with the Grau’s since October, 1991 while separated from his wife, Angela Ramsey Hailey of 250 Index Rd, Texarkana, Texas.
Hailey developed a relationship with the victim prior to separation eight or nine months ago. Hailey first met Butts at Ned’s bar or the Bud Hut. According to Hailey, Butts frequented the bar weekly, generally once. Butts came to the bars with her friend, Patty Cook. Hailey stated that he slept with the victim three times. The last time was three to three and a half months ago. Hailey stated the victim’s daughters liked him and he liked them. The victim would call Hailey t keep the children while she ran errands. This happened about five times.
Jessica would call Hailey’s residence almost daily to talk. Jessica had asked Hailey to come watch her play basketball. Hailey stated that he and Gerri Butts did go watch Jessica practice one time. Hailey advised that the relationship with Gerri for the past three months was one of just friends because he was not interested in a serious relationship. Gerri wanted a serious relationship but they had talked and Hailey explained to Gerri his feeling. At first Gerri was angry but several days later she apologized and things were okay. Hailey stated that Gerri told him about three weeks ago there was a guy she occasionally got weed from got busted. Gerri was afraid this guy thought she turned him in. Gerri also told this to Tammy Phelps, his brother’s girlfriend.”
“The following is a background on Hailey’s activities starting Sunday, 1/26/92: Arrived at Keith Hailey’s home at approximately 5:00 pm 1/26/92 just as the super bowl game coin toss started. Watched the game with 20 to25 people; at approximately 9:30 pm TJ Hawley took me to Rebecca Woods apartment in Queen City. At the apartment was Rebecca and Leanne Woods and Todd Vandevender. We played cards until 2:20 or 2:30 a.m. All of them took me home to my grandparents’ house; I went into the house and told my grandmother Grau I was home. Her bedroom is directly across the hall from mine. Grandmother said okay and good night. I went to bed; I got up about 6:15 and my ride picked me up for work at 7:15 am on 1/27/92.
“Hailey gave Writer a written statement concerning his activities from Sunday afternoon until Monday morning 1/27/92. This statement was taken at the Atlanta PD on 1/28/92, at approximately 7:00 pm. Hailey would not sign the statement without the approval of his father, Jerry Hailey, Deputy for Cass County Sheriff’s office. Jerry Hailey was contacted and came to the police department. Hailey read the statement and consented for Kevin to sign. Kevin Hailey then signed the statement. Hailey was requested t submit to a polygraph exam. Jerry Hailey was asked for approval. Hailey postponed the decision. Writer contacted Jerry Hailey several times for consent. On 1/30/92, Jerry Hailey advised Writer that an attorney was contacted and the attorney recommended not to take the exam. Kevin had cooperated enough by telling investigators his activities during the time in question.”
Mr. Mulder says of the interview read to the court: “Judge, it’s bolstering, but I don’t see where it’s done any harm.” P 137, line 6.
Bolstering – that is a new word.
Printer-friendly copy
