Gateway murder trial

Posts Tagged ‘Oct 6 testimony

Recess for the day

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When Mr. Andrews got teary-eyed on the stand, several of the jurors also shed a few tears.

We are recessing until  9:30 Tuesday morning and then will have a day off on Thursday for a court holiday.

I’m headed back to the station and will update our online story then.

Will return to blogging at 9:30 a.m. tomorrow.

Written by Melissa Hudson

October 6, 2008 at 4:47 pm

Posted in Day 4

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State calls Russel Andrews – Steve’s dad

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Steven’s father has just taken the stand.

State asking Mr. Andrews about when Steven and Michelle became boyfriend/girlfriend, and when he met Michelle.

The Andrews live in a suburb of Minneapolis as did Michelle’s parents at that time.

Michelle and Steven married in June 2000. In Oct 2003 – Lukasz was born in Minnesota. At that time Steven was going to school and Michelle was a nutritionist at a nursing home. At that time, Steve and Michelle lived 2-3 miles from Steve’s parents and 20 miles from Michelle’s parents.

In the summer of 2004 after Steve graduated, Michelle and Steve moved to Bonita Springs. That’s when Steve was working at Outdoor productions and Michelle worked at a nursing home in Fort Myers.

They bought the home in Gateway in November 2004. Had bought the Toyota 4-runner in Minnesota and drove it down here. Michelle couldnt drive a stick shift, so she didn’t drive the 4-runner.

December 2005, Mr. and Mrs. Andrews arrived by plane around 10 pm December 25th to Fort Myers. Steve, Michelle and Luke picked them up. Steve drove the Marauder to pick them up.  They went to Steven and Michelle’s so they could open some Christmas presents.

On this trip they stayed at a hotel on Daniels, near the airport. They were planning on returning to MN on wed. the 28th.

After they opened presents, Around midnight Steve took his parents back to the hotel. Hhe drove the Marauder.

The following morning, Steve picked them up and they all ate breakfast at Steve and Michelle’s home. Michelle went jogging and Michelle, Barb and Luke went walking. Steven and his father visited and the two of them played guitar together. This was about 30-60 minutes.

They decided to go to Fort Myers Beach and return in time for Luke to take a nap. They took the Marauder to the beach. They arrived around 11:30 a.m. and stayed until about 2 p.m. They had lunch, they walked on the beach.  Steven showed his parents how he skimboarded then they left.

They went back to Steven and Michelle’s house. Everyone took a nap for a little while.

Luke and Michelle went for a walk and visited with neighbors. Steven went to join her. They were gone about 20 minutes. The parents went outside and met Steve and Michelle’s neighbors/friends. They talked for about five to ten minutes, then everyone went back to the house. They planned to order some pizza for dinner. Steve and his dad went to pick up the pizza rather than having it delivered.

After dinner, they just played with Luke and sat around and visited.

Around 7:30 – 8 p.m. Steve took Russel and Barbara back to their hotel. Michelle stayed home and got Luke ready for bed.

They made plans for the following morning, December 27th. Steven’s parents wanted to see one of his projects. They had plans to meet with a client. Steve was going to pick them up at 7:45 a.m. the morning of the 27th.

That was the last time Mr. Andrews saw his son.

The next morning, they expected Steven at 7:45, but he didn’t show. They were either outside or in the vestibule waiting for Steven. They waited about five minutes, then started calling. Called his cell, called the house, called the office, called michelle’s cell phone, may have even called Michelle’s work.

When he called home, got busy signal, another time he got a machine. They called and called. But then thought maybe Steven meant 8:45 a.m. That time came and went and Mr. Andrews had decided to rent a car within 15 minutes if Steven didn’t show.

LCSO showed up and asked for the Andrews and asked them to go to the police station.

They got into the deputy’s car. They were upset realizing they weren’t going to the hospital and kept asking what’s happenin, what’s happening. About halfway there, they said the little boy is okay. and they arrived at the police station. They didn’t feel relieved.

They took them into the back door of the major crimes unit and into a back room lobby where no one was and told them to wait. That a detective would be there shortly to talk to them. They then met with Walter Ryan. By that time Dan Kokora and Luke had arrived.

That’s when he found out Michelle and Steve were dead. He gave them a little bit of time, they were in shock and talked to Daniel and Linda Kokora.

Ryan called them in one by one to take their statements.

He says Michelle would never leave Lukasz alone. Luke was 2 years three months old when it happened.

State has no further questions. Defense has no questions.

Written by Melissa Hudson

October 6, 2008 at 4:43 pm

Posted in Day 4

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7-11 manager cont’d

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The surveillance video is from December 26th at 10:31 p.m.

Defense cross examining, but they are not asking any questions. Witness has stepped down.

Written by Melissa Hudson

October 6, 2008 at 4:11 pm

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Thomas Theunis called to the stand

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Store manager at 7-11.

He says they have six cameras at the 7-11. In December 2005 he was assigned to the Gateway store – there’s only one. (At Gateway and Griffin)

The video system records 24/7. Only he and the assitant manager have access to the Digital video system.

Monitors gas pumps and there are four cameras on the inside.

Every day the manager has to confirm the date and time is correct on the DVR system.

He says after the murders, law enforcement asked him to pull video.

Exhibit 49 entered into evidence (DVD copy of 7-11 surveillance video)

It’s video of the parking lot of the 7-11 from December 26th.

State’s exhibit 50 – blown up photo of surveillance video – entered into evidence.

They are now going to play the 7-11 surveillance video for the jury.

Written by Melissa Hudson

October 6, 2008 at 4:06 pm

Posted in Day 4

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Kellie Ballew cont’d

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Still showing Kellie photos of the garage.

Defense exhibit #16 – another picture of the garage. Photo taken around December 2005. Defense exhibit 17, also another shot of the garage. Also Defense exhibit 18 – photos of the garage at the Jeneva way apt.

It’s how the garage looked when the police came over to search. The pictures show Fred’s backpack.

She says by January deputies were watching Fred 24 hours a day and Fred and she knew it.

The defense is asking about Kellie and Fred’s sexual relationship and their birth control method.

Redirect by the prosecution.

Prosecution asking about Kalstrom telling Kellie to move out of the Jeneva Way home. Kalstrom said she and Carly should be in fear for their lives.

Fred knew his letters were being read (the ones he wrote to Kellie while in jail)

She says she never paid much attention to items he bought for the motorcycle (including the gloves in evidence)

Redirect Defense

Asks if Kellie ever told Fred about her relationship with Steven. She says no

Written by Melissa Hudson

October 6, 2008 at 3:52 pm

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Kellie Ballew – continued (cross exam.)

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She is being questioned by the defense now.

Defense asks if she recalls telling Fred about the call with Michelle – she didn’t.

He asked if she was fired from her job and she said , no she quit.

Defense asked about the next time she and Steven had sex (the 23rd in Steven’s car)

She thinks Fred came into her room around 6:30 a.m. and went into the closet. (This is on the morning of the 27th)

She says she didn’t have a code to delete text messages but she did have a password for her email.

She says she went into the sheriff’s office room where Fred was to look at his injuries and asked him about the bruises (in order to help the deputies). (this was on the 27th)

She told Fred she was going to Claudia’s on the night of the 26th, not that she was meeting Steven.

She says on the 23rd when they had sex in his car, the had sex in the back seat.

Saturday the 17th is when Michelle questioned the secret santa gift. Also when Michelle told Kellie it was inappropriate to ask him for help moving.

She confirms Fred never hit her.

When she was at the sheriff’s office and spoke to them, they never read her Miranda rights. She says she initially didn’t think she was a suspect.

When they asked her to call Fred for an alibi, she thought she was a suspect. But then they explained they wanted Fred to call and ask him to come down and give an alibi. She says they recorded the call.

Now the defense is reading the transcript of the call.

She gave him directions to the sheriff’s office. Then Fred said he loved her. (during the phone call)

Fred wrote a number of letters to Kellie and she gave copies to the Lee Sheriff’s Office and in those letters he maintained his innocence.

After moving to Orlando, she found a pair of gloves in her brother’s home at the bottom of her daughter’s hamper. She contacted the state and they said to put them in a paper bag and they would be picked up. (This was about two months after she moved to Orlando)

The phone call she had with Fred after his arrest was not recorded. In that call

Deposition August 18, 2006 near Orlando and there was a court reporter there. (Now the defense is having her read a transcript to refresh her memory)

Fred told Kellie they linked him through DNA evidence and she asked why he said that. Fred said he met with Michelle that  night and they had sex in her car.

The brown shirt that’s missing was flannel, and had three buttons on the front.  Shirt came down way below waist, but the camo jacket was waist high. (Defense is asking Kellie to confirm all this – not sure where this is going).

She was present when they took photos of Fred, who defense says allowed deputies to search the home.

She says Kalstrom was the one who gave her instructions on how to talk to Fred. He instructed her to leave the home and she did after a few days. That’s when she went to Claudia’s house and stayed a few days, then went back to the Jeneva way home to pack some belongings.

Defense is going to show her some photos of the garage of the Jeneva way apt. Defense exhibit 15…pictures taken from the attic.

The state and defense are approaching the defense.

Written by Melissa Hudson

October 6, 2008 at 3:42 pm

Posted in Day 4

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Ballew cont’d (post 3)

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He went back to the house before she did. Detectives followed him there.

During December 2005 – did she ever see Fred with a firearm – yes..when – it was a week before Christmas. this was after she said she wanted to end their relationship. She says she was asleep and he was standing over her while she was sleeping.

When she awoke and saw him standing there she said he was crying and that he couldn’t live without her. She asked him to go to bed. About an hour later he was standing outside the door watching her. She said she told him to get some sleep he was scaring her. He apologized and left.

After that, about 10 minutes later he went into the closet and got the gun and bullets and went downstairs. She says she could see the gun.

She says it was a small, handheld automatic. After he ran out of the room with the gun, she called him on his cell phone and he said he couldn’t live without her, he was in his truck, felt like he was losing his mind and was scared. She told him he needed to rebuild his life, but he should think of his daughter.

He was in the garage and in the truck when all this was going on.

This truck was traded in for the Nissan.

After that night, she was concerned about the gun, but Fred said he had gotten rid of it. He said he threw it into Wiggans Pass. She checked the house to see if the gun was there. She didn’t know if he was telling the truth.

She didn’t want her daughter to find the gun.

She told Fred she was going to Claudia’s the night of the 26th. She didn’t feel it was the appropriate time to tell Fred about her relationship with Steven.

She remained in the house after the 27th because she didn’t fear for her life. She didn’t think at the time he could’ve done something like this.

Shortly after she moved to Orlando. She and Carly moved in with her parents. Fred moved in with her older brother.

She spoke with him after his arrest. He called her from one of the detectives’ phones. That’s when she found out he  had been arrested.

He told her they had DNA evidence against him. He told her he had one of michelle’s hairs on his jacket because she had met Michelle at the 7-11 and had sex with her on the night of the 26th. Said he met her at the 7-11 and had sex in her car.

At a later date he wrote Kellie a letter and said she did not have sex with Michelle in Michelle’s  car.

Kellie saw Fred at the sheriff’s office the 27th and detectives asked her to go into the room with Fred to see if there was anything unusual about Fred’s hands or arms. She said his hands were swollen and his right forearm had a scratch on it. She said it wouldn’t be abnormal to have scrapes on his hands, but these were different.

Exhibit 70 – image of Fred’s arms and hands.

(For more info on the Gateway murders: http://www.nbc-2.com/gatewaytrial/)

Kellie says it looked like a fingernail scratch.

Long sleeved brown shirt was missing as was the helmet bag. She never saw them again.

A few days later, Fred was on the computer and he said there was something he wanted her to listen to. He was looking for Richard Marx song Hold onto the night. She asked him where he heard that from. She sent that song and artist name to Steven Andrews just prior to his death.

Kellie wasn’t able to give deputies her text messages off her phone because they had been erased and she didn’t do it.

Exhibit 50 entered into evidence – 7-11 surveillance video. She says it appears to be Fred on the motorcycle.

Fifteen minute recess, then the defense will question Kellie.

Written by Melissa Hudson

October 6, 2008 at 2:51 pm

Posted in Day 4

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