Gateway murder trial

Defense cont’d

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Detectives used Kellie and his relationship turmoil to lure him down there to give her an alibi.

That statement isn’t voluntary under those circumstances, according to Garber.

They told him reading him his rights was merely a formality. Said formality five times.

How voluntary was this statement, Garber asks.

The last thing Cooper wants Kellie to know is that he had a one night stand with Michelle Andrews. His relationship is already rocky.

This is the large part of why he wasn’t truthful to the police.

He went down there to give Kellie an alibi

“What I see here is loyalty and betrayal”

Says Kellie had never mentioned Cooper told her about the 7-11 meeting with Michelle. “another betrayal”

“Suspicious cleaning of the jacket” occurred out in the open in a wide open area visible to Jim Peters.

One stall at the end has a partition, but cleans it right in the open.

“Cuts out the liner and throws it right on top of the trash where it was later collected”

Cooper apologized to Det Ryan and says he had the jacket the whole time.

“It just doesn’t add up, ladies and gentlemen”

The morning of Dec 27 he wears the camo jacket to work. Why did he wear it, because there wasn’t any blood on it.

Bike doesn’t have a windshield, so it’s dirty with road grime and bugs.

Shows jury a photo of surveillance from Sunsports.

“That’s the bloody jacket, suposedly, he wore it to work”

Mr. Jimmo wasn’t confident in his identification.

It’s important to note both men testified it was a very early hour of the morning. (Mr Lukomski’s statement and Jimmo’s statement).

Kellie testified Fred came into her bedroom the morning of the 27th. She guessed it was 6:30 a.m. but it was getting light out.

“You can’t be two places at once ladies and gentlemen”

Walter Ryan drove it – it’s 24 miles, 30 minutes to get from Village Walk to Gateway.

The evidence indicates it wasn’t Cooper the people saw. Camo jackets are common, hundreds are sold every year.

On Dec 26th, Tinsley says she didn’t get a good look at his face. She walked the dogs around 11 p.m.

Garber says witnesses said Cooper’s appearance is similar to the man they saw that night, but so are thousands of others.

The photos at the 7-11 show Fred going by the gas pumps at 10:31 p.m. Everyone testified they saw the man at 11 p.m.

Garber – A trial is the search for the truth, Fred Coope rhas tried to bring you the truth here today. Did he use bad judgement lying to police in this investigation, yes he did. No question about it. the fact he was untruthful, plagued with guilt…turmoil that was going on with these families during that time. The state would rely on the testimony and identification by Jimmy Lynn Craven.

She sees Fred on TV when he appears in court he’s wearing a red jumpsuit, with cuffed hands. She says he looks similar to number three, but it could be six.

He says Craven’s identification, Garber says it was a subtle situation where Walter Ryan was trying to steer her towards the suspect.

Her statements changed that the man was there five minutes, then ten minutes. Her description was vague until getting help from Det Ryan who has an interest in the case. Saying Ryan may not have done it intentionally (allegedly influencing Craven’s ID).

We have work records from Sunsports saying Fred was at work, all day, with no lunch break on the day the man asked Craven for the gate code to Cypress Pointe. (7:36 am out 5:53)

Says Fred was good about clocking in and out.

On the 7-11 video Fred did not have a bag, backpack or helmet bag.

They didn’t find any DNA on the motorcycle.

he gave permission for them to search his home twice.

“the pink rag is not a mechanic’s rag as the prosecution would have you believe” It was an irregular size. It was just a suggestion, not evidence.

There was a DNA profile of a man who did not match Steven or Fred.

The lividity of Steven shows he was killed sometime around 3 am, said Garber.

Fred didn’t try to hid his lies from the courtroom. Said he didn’t want anytone to know about his relationship with Michelle, so he lied to detectives.

Fred tells Kellie, because he knows it will come out when he’s arrested. Before that he didn’t think he was a suspect.

Says Fred came out with the information about him and Michelle when he knew it would come out and that’s why he finally started telling the truth.

Prosecution objects…15 minute recess


Written by Melissa Hudson

October 14, 2008 at 11:28 am

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