Day 6: Trial of ETX mom accused of killing babysitter

Published: May. 14, 2012 at 3:09 PM CDT|Updated: May. 28, 2012 at 3:09 PM CDT
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TYLER, TX (KLTV) - The trial of an East Texas woman accused of killing her mentally disabled babysitter continues in a Tyler courtroom. Monday is day Six of testimony in Kimberly Cargill's murder trial.

Once again, KLTV's Melanie Torre will have live updates from the courtroom throughout the day.

Cherry Walker's step-mom, Rueon Walker, takes the stand. Mrs. Walker is fighting back tears.

The prosecution and defense ask questions about Cherry's friends. Mrs. Walker says most of Cherry's "friends" were caretakers, bus drivers, people who were given the responsibility to look after her.

Both the state and defense ask a series of questions about a boy named Joseph. Joseph was a friend of Cherry's but Mrs. Walker maintains that they were never intimate. She says she'd spoken to Joseph about that and he knew not to hurt Cherry by becoming intimate with her. Joseph often sang at church and was one of Walker's few friends.

Mrs. Walker is emotional and an attorney apologizes for having a few more questions to ask. Mrs. Walker replies, "It's ok. That was my baby."

She says Cherry was independent when it came to meeting people and making friends. She says if Cherry had many friends, Mrs. Walker wouldn't have known who they were. Though, she says Cherry told her a lot of things and she doesn't remember her talking about other people besides Joseph, Marcy (apartment complex neighbor), Paula and the children Cherry would babysit.

15 minute recess

State calls Joseph Mayo. Mayo says he's 35 years old and he is a singer. He says he likes to sing at Coretta's, Club 155 and tried out for American Idol.

State shows Joseph a series of photos he all identifies as Cherry. He says he met her in 1997 when they were both working at Goodwill OIT. OIT is Opportunities In Tyler for people with disabilities. He says he was very close with Cherry and he loved her. He says they'd go out to eat Mexican often and they'd go to the movies. He says he'd play his guitar and sing for people at Cherry's church. Joseph says he'd see her at work and talk to her on the phone planning dates. Joseph starts talking about when he and Cherry went to see Paranormal Activity. He says she loved that movie and Saw. He goes on and on about different parts of the movie and how scared he was. He says he borrowed Paranormal Activity from Cherry for about a month and Cherry got irritated he had the movie for so long.

Joseph took her the movie back and showed her his new car. In June 2010 Joseph says he lived with Chuck. Chuck has a girlfriend named Christie.

State asks Joseph about June 18 when he was singing at Coretta's. He says earlier that day his friend Michael came into town and met at his apartment around 3pm. He says everyone was waiting for Chuck to get off work from Walmart on Troup Highway around 9pm. Then, in two separate cars they went to Coretta's.

State: You were going to do some karaoke?

Joseph: I resent that. I was going to sing.

State goes over the timeline of Joseph's June 18th, filling any gaps. The state is showing the jury Joseph was always with Michael or Christie.

Joseph talks about how clean Cherry's apartment was and how she believed in him and his singing career.

Joseph says the police questioned him after Cherry was found. He says he gave the police his car and phone to search and they kept it for about a week. Joseph says he was very irritated that the police didn't even wash his car when they returned it because they'd left fingerprints all over the glass and the paint.

State passes the witness.

Joseph says he and Cherry casually dated. He said she'd come see him and hear him sing at Coretta's and Cancun. Joseph says he did kiss Cherry but they were never intimate because he respected her and new he needed to take things slow.

Joseph asks if the court would like to hear him sing. The defense declines. Joseph tells Cargill's attorneys they don't know what they're missing.

Joseph says Cherry didn't go out with them much because of Joseph's grandmother. Joseph says his grandmother didn't like him hanging out with Cherry because... Joseph hesitates and gets uncomfortable. The state asks if it was because Cherry was black. Joseph says yes and immediately starts apologizing to everyone in the courtroom on behalf of his grandmother. He says we live in a diverse world and everyone would should get along.

Joseph tells the jury about when he first met Cherry's parents. He says Cherry's dad didn't like him at first because he didn't know him. He starts laughing and talking about the first time he took Cherry out. Joseph says Cherry's dad told him Cherry better be home on time because he had a shotgun. Joseph is laughing and laughing and talking about how Cherry's dad put the fear of God in him that night and he never had Cherry home late once.

State calls Christie Lambert.

Lambert is Chuck's girlfriend. She says she met Cherry Walker once. Lambert says she knows Joseph. Lambert says she works at ADI folding sheets. Lambert says she remembers going to Coretta's with Chuck and Joseph on June 18, 2010. Lambert does not drive and never has. Lambert says after Chuck got off work at Walmart he came home and changed clothes. Then, they went to Coretta's. Lambert says she rode in Chuck's car and Joseph and Michael drove behind them. After Coretta's they went home at about 11:55pm.  Lambert says she and Chuck live together now and are able to live alone without caregivers. Lambert says Joseph and Michael went to Walmart on the way to Coretta's to get Michael a cell phone. She says Michael and Joseph were only away from her for about 15 minutes that night.

State calls Chuck Hay. Chuck says he works at Walmart. He says he knew Cherry when he was working at Goodwill. State asks Chuck about June 18. He says he was at Coretta's singing karaoke. Chuck says that day he worked 5-9. He says he got off work at 9, went home and changed, then went to Coretta's. Chuck says he thinks Christie rode with Michael and Joseph to Coretta's. Chuck says he didn't know if Michael and Joseph stopped at Walmart.

Pass the witness.

Chuck tells the jury on Saturday June 19 he talked to detectives about what he did Friday night. Defense asks Chuck if he actually got off at 10pm. Chuck says he got off at 9pm. Defense asks Chuck if he told investigators he got off at 10pm. Chuck says he got off at 9pm. Defense asks Chuck if he might have told someone something otherwise. Chuck says he told the investigators he got off at 9pm.

State shows Chuck a still image from surveillance video. Chuck identifies it as a photo of him walking into Coretta's. The time stamp on the photo is 9:41pm on June 18, 2010.

State calls Marcy Fulton. Fulton says she lives in an assisted living residence. Marcy says she knows Kimberly Cargill. Marcy says she used to babysit the same son that Cherry Walker babysat. Marcy says she used to take Cherry to buy movies, groceries and out to eat. Marcy says Cherry was very bothered by how messy Marcy's house and truck were. Marcy says the doctor told her she couldn't babysit anymore so she introduced Cherry to Cargill so Cherry could watch Cargill's son.

Marcy says she can't remember if she saw Cherry on June 18. She says she remembered talking to Cherry on June 18 because she was very upset about getting a piece of paper. Marcy says she never got a piece of paper (a subpoena). She says Cargill called to see if she got a subpoena and told her to get out of town or go to Cargill's house. But, Marcy says she didn't go. Marcy says Cherry asked Marcy if she was going to lie for Kim and Marcy said she told Cherry she wouldn't lie for her so Cherry said she wouldn't lie either.

Marcy says she remembers Cherry saying Kim wanted to take her out to dinner. Marcy says she doesn't remember talking to Cargill that much after June 18.

Marcy says Kim's car was tremendously messy. Marcy says there were a lot of fast food items in Kim's floorboard and she never saw the car clean.

Defense has no questions for Marcy.

Recess until 1pm due to witness scheduling issues.

State calls Suzanne Jones Davis. Davis has been arrested and charged for tampering with evidence. Her charges are related to Kimberly Cargill's case. Davis has not yet been indicted and has no deal or agreement with the DA's office regarding her testimony today. Davis' attorney is in the courtroom today.

Davis met Cargill in Richardson growing up. She says they were friends in 8th grade but grew apart. She says she got back in touch with Cargill through planning a reunion. On February 7, 2010 they went to a reunion happy hour and Cargill stayed the night at Davis'. Davis says Cargill told her she had 3 kids, but later learned she actually had 4.

Davis tells the jury in June 2010 she received a desperate voicemail from Cargill saying her life was in the worst place it's ever been and that she really needed a friend.

Defense asks Davis how she remembers so much about what she did in June and July of 2010. She says she went over phone records, etc. with the DA's office. Defense begins going over a calendar Davis has created. The calendar is admitted into evidence.

Davis says it was several days before she got in touch with  Kim. In the first few weeks of June they spoke frequently on the phone and began emailing. Davis says Cargill told her about the problems she was having with custody of her children.

State goes over the calendar Davis provided of their June phone conversations. She says they spoke for a few hours a week. Davis says she had never spoken to Cargill this much prior to June 2010.

Defense begins going over email with Davis. That email is submitted into evidence. There are a series of emails from the week and days before Cargill's custody hearing is set to happen. Cargill is asking Davis to write a letter on her behalf talking about what a great mother she is, how the kids always come before money and education and how awful Cargill's mother is. Davis says she didn't have any first hand knowledge of the things Kim was asking her to say in the letter but she wrote a long detailed letter for Kim based solely on things Kim had told her. The state goes over every sentence of a letter Davis wrote for Kim having Davis admit that she had no knowledge of any of the things she wrote about. Davis says she was just trying to help an old friend the only way age knew how.

Davis says eventually Kim asked her to come to the hearing but Davis said she couldn't go unless she was subpoenaed because she didn't have any vacation to take. Davis says she received a subpoena a few days later.

Davis says she tried calling Cargill on the evening of June 18th, but Cargill didn't answer. Phone records show Cargill was already on the phone with Cherry Walker when Davis tried calling Cargill.

On the morning of June 19, Davis spoke again to Cargill. Cargill told Davis she was going to run errands, wash her car and go to the grocery store. Davis says Cargill told her she couldn't get ahold of her babysitter.

According to phone records Cargill and Davis spoke again later. Davis says Cargill told her two babysitters had been subpoenaed. Davis says Cargill told her one baby sitter was older and the other was younger. Davis says Cargill was concerned about the "younger babysitter" because that babysitter had her child taken away. Davis says Cargill told her she was going to call her son's dad and see of he'd seen Cherry Walker. Davis said that seemed odd because he was the same man Cargill was in a custody battle with and the child's father didn't even know who Cherry was or that they lived in the same apartment complex.

State starts going over phone records with Davis from Monday, June 21st. Davis says Cargill didn't normally call her at work. She says Cargill asked Davis if she had seen the Tyler news over the weekend. Davis says she hadn't seen the news but could tell Cargill was agitated.

Davis says Cargill told her, "They found my babysitter, Cherry, dead on Saturday." Davis says she tried to find the news articles about Cherry being dead but couldn't actually find any news articles that named the body, so she thought it was a little odd that Cargill knew for sure it was her babysitter.

Davis says she later got a call from

Cargill from an unfamiliar 2-1-4 number.

Davis says she received a cryptic email from Cargill on June 23. The email is put on a monitor for everyone to read. It says "they" took her phone, purse, house, car and everything. She says the worst may have happened and that if Davis doesn't hear from her soon, she should call Cargill's attorney.

Davis says she received calls from jail from Cargill. She says Cargill wanted Davis to go to her house in Whitehouse and get some things out of it. Those things were mainly momentos, photos, and things given to her by her children. Davis says she went to Cargill's house and got these things. She says Cargill also asked her to change her passwords for email, Facebook, bank records, nursing licensing and attorney general child support information. Davis says Cargill asked her to change these things on a Wednesday but she waited until Saturday to change them. Davis was later arrested for tampering with evidence. Davis says everything she has provided the prosecutors she has provided out of her own cooperation and has been telling the truth all along.

15 minute recess

State calls John Barry Crumpton. Crumpton was the foreman of the grand jury who indicted Kimberly Cargill. He now works for USPS in Dallas. He says the grand jury could not determine a cause of death precisely but heard evidence that lead them to believe Walker was asphyxiated, had an impeded blood flow and died as a result of homicidal violence. The state asks Crumpton about each aspect of the indictment and Crumpton testifies to it.

State passes the witness, whom the defense has no questions for.

Judge says cross examination of Davis (witness before Crumpton was called out of order) will take place Tuesday morning. The state plans to rest its case tomorrow and pass the case off to the defense at 8:30 a.m. Wenesday.