Gateway murder trial

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Going over tomorrow’s jury instructions

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There are over 30 pages of instructions to the jury.

State is alleging Cooper possessed a firearm while killing Michelle – so her count also includes a count of possession of a firearm.

Garber objected to the use of and/or language and the judge agrees. They decided to take out the and and the slash so it will read “or”

Defense asks for no special instructions.

The changes will be made and the parties will be able to look it over again before tomorrow.

Court adjourned until 9 a.m. Tuesday morning.

Closing arguments expected to be 75 minutes each side.

And we’re adjourned.


Written by Melissa Hudson

October 13, 2008 at 1:27 pm

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Jury instructions

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The state and defense are going over the jury instructions page by page.

cooper is charged with burglary, felony murder and premeditated murder, aggravated by the use of a firearm

Lesser includes are second degree murder and manslaughter, which means the jury won’t have to come back with first degree murder or nothing. They can come back with second degree murder or manslaughter.

Count one is the murder of Steven Andrews, count 2 is murder of Michelle.

They’re removing proof of posession of a firearm from the instructions.

Written by Melissa Hudson

October 13, 2008 at 1:07 pm

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Jury released; Closing arguments tomorrow

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Tomorrow we’ll have closing arguments and instructions for the jury’s deliberations.

We will recess until 9 a.m. tomorrow.

Once closing arguments and instructions, jury will be sequestered until deliberations complete.

The jury will be put up in a hotel. They need to make appropriate arrangements if the deliberations go into a second day.

Closing arguments, instructions then deliberations tomorrow.

Written by Melissa Hudson

October 13, 2008 at 12:58 pm

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Waiting on the state

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State has no rebuttal

Jury will be discharged.

State asks for the judge to deny the defense’s motion for an acquittal.

Motion for Judgement of acquittal denied

Written by Melissa Hudson

October 13, 2008 at 12:54 pm

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Defense motions

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Again wants a judgement on acquittal on the same grounds as earlier.

Looks like jury may be released for the day and we’ll have closing arguments tomorrow morning.

Written by Melissa Hudson

October 13, 2008 at 12:50 pm

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Defense enters evidence

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Defense entering into evidence exhibits 1-34, 44,45,46


They’re now reviewing state’s exhibit 92. State will have a rebuttal witness it appears. (this is the letter Fred wrote to kellie in which he says the relationship with Michelle was not physical)

jury leaving the room now

Written by Melissa Hudson

October 13, 2008 at 12:46 pm

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Fred Cooper cont’d

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“so did you just want the jacket nice and clean before handing it over to detetives”

When being questioned he was told his story didn’t make any sense and Fred had said that was his story.

“I was not truthful when talking to detectives”

“Let’s use the right words, you lied”, “yes I did”

Kunasek is asking Cooper about whether or not he knew Kellie was having an affair. He keeps getting Cooper to say  “That was a lie”

When they started asking about his whearabouts, he says he didn’t think he was a suspect.

“Was that a truth, or was that a lie?” “That was a lie” (repeated for many different statements he made earlier to detetives)

Kunasek is going through all of the statements Cooper said to detectives and is asking was that a truth or was that a lie, and Cooper has to respond, that was a lie.

He’s admitting to lying about knowing about the affair, where the Andrews live, where he was the night of the 26th, about knowing Michelle and Steven.

He said he never had a reason to suspect Kellie was having an affair – he said that, but admits it was a lie.

State is bringing up when Cooper started realizing he was a suspect (during his interview with detectives)- yet he never told about his calls with Michelle.

When he said he gets agitated very quickly in his statement. Is that an accurate statement? He says yes when it involved Kellie.

He’s not answering the question, it would be easier with Steven out of the way.  He said he didn’t look at it that way.

He says they had worked through similar problems before.

On December 29th during his statement he knew he was a suspect. He again said he didn’t know Kellie was having an affair until he went to the sheriff’s office on Dec 27 for questioning. Again he says he lied.

Saying it hit him out of left field was a lie (informed about the affair).

He admits he lied about ever being in Gateway.

State’s exhibit 50 – Someone driving a motorcycle through 7-11. Detectives asked him about it and he denied the person in the surveillance video was him.

He told detectives, that’s not me. Cooper now admits that was a lie. He said the video isn’t that great so it’s hard to tell, but the time fits.

In his statement he denied he came in at 3 am on December 27th he told detectives it was impossible.

State confirms he received all of the discovery documents in this case and it has been nearly three years since the incident. He’s had an opportunity to review all of that evidence. (Nothing further said about this)

Michelle always called him at work, he never called her on 407 area code. The 407 phone was his and Kellies. They shared the phone.

He says Kellie had gotten a company phone a couple weeks prior.

He says he took the 407 phone with him to work.

He says Michelle knew he worked at Sunsports and that’s why she called there. She called at least four times. He would be notified of a phone call over a PA system.

To set up their meeting on December 26th – they made contingency plans – at least one.

They met in the Toyota 4-Runner in the driveway of the Andrews home. He says Michelle came out in a workout outfit. He says she was wearing the blue slip (the one with the bloody hand print which is in evidence). They were out there 25 minutes or so.

The phone call to Kellie Ballew on January 11th. He says the detectives told him DNA evidence linked him to the scene when he was arrested. He says he didn’t question detectives. He said the detective was untruthful on the stand.

When he said it was DNA evidence, the detective didn’t tell Fred Cooper what the evidence was or where it was found.

When they got to Sheriff’s headquarters he called Kellie. He says he figured they knew about his involvement with Michelle and he wanted to be the one to tell Kellie.

“So you’re trying to be a stand-up guy”?

“I knew when they arrested me the only possible way was through Michelle because that was the only contact I had”

“I didn’t need to explain anything”

“I did not kill Steven and Michelle”

You only explained DNA evidence on January 11th, not before.

States evidence 92 – A letter he wrote to Kellie. It was written January 21, 2006. Ten days after his arrest.

In the letter Fred wrote to Kellie, he wrote “the meeting was real but the physical aspect was not” referring to his meeting with Michelle.

He says the reason he didn’t tell detectives about his relationship with Michelle is because he didn’t want Kellie to find out.

He’d had the jacket two years and the jacket liner was ripped for the last six months.

“And you just happened to decide on December 29th to take the liner out?”

He had the camo jacket in his motorcycle trunk and not the work trunk?

Mr. Peters testified Fred asked to run an errand and came back 25 minutes later with a camouflage jacket. Then he began cleaning it. Fred says Mr. Peters was not truthful with his testimony.

State, Are you keeping track of the number of lies you’ve told in this case? You lied to Ryan, Kalstrom, Ramsey, Kellie?

“Yes I did”

State – before testifying today, he raised his right hand and swore to tell the truth. Before, when speaking to detectives, he also swore to tell the truth.

Did you tell Kellie you were trying to get hair out of your jacket? He says she lied on the stand.

Where’s the card Michelle gave you? He says it was put in storage. He wants to know why he would give it to anybody.

He says everything of his in storage was thrown away after his arrest (by Kellie).

He said he didn’t know her password for email or erase text messages. How did he know about the song? He says he doesn’t remember the incident and he questions Kellie’s testimony.

“Are you qustioning Kellie Ballew’s testimony?” “Definitely”

Defense redirect

Fred says his sister asked for his belongings and Kellie gave his sister one box.

The camo jacket and the liner – he had an opportunity to go into the privacy of another stall to clean it, yet he didn’t.

He also says he didn’t use the hose outside of Sunsports to clean his bike before turning it over to detectives.

About lying to detectives – he says the first night he was there, he thought Kellie really did need an alibi. He also didn’t want her to know about his contact with Michelle (and sexual contact from Michelle).

The information about the affair came from one source – Michelle.

About the letter he wrote to Kellie. He says he noticed a change in Kellie’s demeanor after his arrest. So he wrote the letter saying he lied about the physical contact with Michelle.

He says Kellie wasn’t cooperative about him maintaining a relationship with his daughter. He didn’t want something he might have done used against him with his daughter.

He says Kellie was upset about his relationship with Michelle and was using that against him in the custody.

“Did you hurt these people?” “No I did not”

Prosecution redirect

Questioned about, again, his lying to deputies about his affair. He says he really thought Kellie needed an alibi. He says he really did think she needed an alibi but he didn’t think she could have done it.

Then the prosecution said he got all of his information regarding the information from Michelle. “We can’t substantiate that information from Michelle can we?”


No defense redirect

Fred released from the stand.

Written by Melissa Hudson

October 13, 2008 at 12:38 pm

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