The first day of testimonies ended up being less than predictable. One moment court is in session while the next moment the court is recessed for "some period of time."
After successfully obtaining seats in the courtroom, we listened to the defense's motion which sought to have the 1967 court transcripts excluded from the current trial because, along with multiple other reasons that were given, this infringes upon a constitutional right as it is stated in the 6th Amendment--the defendant cannot address the witnesses because they are dead. They also sought to have photos of the victims excluded because the main reason for their use (according to the defense) would be for effect.
The prosecution's response was well-researched and much more convincing. For example, they mentioned the 1994 Beckwith trial pointing out that the state of MS introduced former testimony in this case; thus, why should the use of former testimony be denied in the Killen case?
Judge Gordon denied the motion.
The first witness brought to the stand was Rita Schwerner Bender. I think she is one of the most beautiful and amazing women I have ever seen. It is almost as if her skin is glowing. She gave a vivid testimony of her and Mickey's life in Mississippi and her experience following his death. Her cross-examination by the defense got a little too intense. It was as if Mr. McIntyre wished to be on one of those court t.v. shows. He raised his voice to her when asking whether or not she had heard anything about Killen with regards to her husband's murder. Of course she had not....how would she know that at the time? The trial was her first time to ever see Edgar Ray Killen. When the court recessed, because of Killen's health complications, McIntyre tried to apologize and shake Rita's hand. She refused him the gesture.
The next witness, also brought forth by the prosecution, was Ms. Nell Miller, wife of the deceased Wallace Miller. Why they put her on the stand I am not sure, but it did get cut short. Assuming that the whole testimony would have gone this way, she was not going to provide information that would aide them in proving their case.
We only heard a portion of Ms. Miller's testimony because Judge Gordon called the lawyers to chambers. Killen had not been present for either of the testimonies because he was in need of his nurse's attention, so we all knew it had to have something to do with his health. The jury and the witness were left sitting there while we were left to speculate.
Judge Gordon returned informing us that Killen had left for the hospital-shortness of breath and high blood pressure- and the court was recessed until 1 o'clock. I had a feeling that the trial was not going to continue in the afternoon.
Once the court was back in session at 1 p.m. the Judge informed us that Killen's test results had not come back; therefore, he could not be released from the hospital just yet....so the court is in recess until 8:30 a.m. on Friday. What's gonna happen next? The trial cannot continue in Mr. Killen's absence because it is not a voluntary absence, so if his health prevents his presence....we'll see what happens.
Photo caption 1: Dr. Patrick Eakes from Neshoba County General Hospital speaks to reporters in the Media Center about Mr. Killen's condition.
Photo caption 2: Edgar Ray Killen leaves the courthouse in an ambulance due to high blood pressure. He was back in court the next morning.
Credit: Kate Medley
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