The morning began as Jim Hood stood to address the judge while in the process of putting on his suit coat. He was sternly reprimanded by the judge for his lack of etiquette.
Then we move to Mitch Moran, who I was told today by a fellow reporter, is one of those lawyers you call in the event of a DUI or a drug case. Supposedly this is his first time in the courtroom assuming the position of criminal defense lawyer. I don't think too many Philly lawyers were too interested in representing Mr. Killen, so Killen had to hire a "One call that's all" type of attorney from Carthage, MS.
Anyway, Moran wanted to present pages 1275-1280 of an FBI investigative report that included a confession by Horace Doyle Barnett. This information had not been presented to the judge prior to this moment; thus, at first the judge denied its use in the courtroom, then he allowed Moran to show him the papers. Well, not having done his research, Moran had no idea whether or not Barnett had testified in the 1967 case, information which I think is pertinent if one is going to use any confession made by him. The confession of Barnett was documented in accordance with an FBI agent's testimony; therefore, it was deemed hearsay by the court. In response, Moran went on to say that all former testimony was hearsay, meaning that half of the prosecution's evidence, former testimonies from the 1967 case, should be considered hearsay. Sorry Mr. Moran, the testimonies read by the prosecution were direct quotes from witnesses under oath, while Barnett's confession came second hand, through the mouth of an FBI agent; there's a difference.
Then, before the jury had even entered the courtroom, Moran called for his first witness of the day...oops. When the defense called for their 3rd witness, it was discovered that the witness was not present in the courthouse at that time. Of course, Moran had not issued him, Mr. Hatcher, as a witness until 8 a.m. this morning (the defense in this trial seems to have a reputation for tardiness). The judge called a recess for 30 minutes in order to allow time for the defense's witness to arrive.
After the arrival of Mr. Hatcher the court came to order. Mr. Hood had 3 documents which were to aid him in his cross-examination of the witness. Moran objected, claiming to have never seen these particular documents, but the truth is, the state had provided copies of these documents for the defense. It turns out that Moran had just neglected to read them. Moran was flailing around, and I am afraid that his performance in this case could hurt his future law practice.
In the midst of all this madness a defense witness, Harlan Parks Majure, former city council member and mayor of Philadelphia, MS, claimed the following in reference to the Klan: "As far as I know it's a peaceful organization." AHHHHHHHHHHHHHHHHHHHH!!! Although during cross-examination the prosecution spoke about the KKK's violent practices, in an attempt to defend the KKK Majure said, "I know some things about the Ku Klux Klan that a lot of people don't know". I don't think I want to know what he is referring to.
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