Hearing for ETX mom accused of killing babysitter

TYLER, TX (KLTV) - Friday, an East Texas mother, accused of killing her babysitter, was in a Tyler courtroom for a pre-trial hearing.

Kimberly Cargill of Whitehouse is charged with capital murder in the June 2010 death of Cherry Walker.

Walker's body was found dumped along the side of a Smith County road.

Authorities say Walker had cared for one of Cargill's children, and she was going to testify against her in a child custody case.

In court, attorneys discussed new motions filed by Cargill's defense and ran specifics of opening statements by the court.

Cargill's attorneys say they filed one motion to have the jury find Cargill's punishment if she is found guilty on a lesser charge; they say they filed another motion asking the prosecution to only refer to their client as "Ms. Cargill" or "the defendant," never as  a "killer" or "murder". Judge Jack Skeen said he would uphold the defense's motion when it came to the prosecution's questioning of witnesses but not in opening statements or arguments.

The state also went over phone records and conversations they plan to bring up during the trial. Those conversations were between Cargill, Walker and Walker's caregiver, Paula Wheeler; they took place in the 24 hours before Cargill's disappearance.

The jury trial for Cargill begins at 9 a.m. on Monday. Prosecutors are seeking the death penalty.

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