Garrard sentencing hearing resumes Wednesday

Heather Walker, the biological mother of Savannah Hardin, was the first witness to testify for the state Monday in the sentencing phase of Joyce Garrards murder trial.   The jury will decide whether to recommend life in prison or death for Garrard, whom they convicted Friday in the running death of her granddaughter.    Etowah County Circuit Judge Billy Ogletree however will  have the final say at a later date.

Walker broke down when she described seeing Savannah hooked up to machines with some blood on her face, but despite that, no visible signs of injuries. When prosecutors asked about Savannah's medical history, Walker said she never recalled Savannah being diagnosed with ADHD, and said Savannah had bladder problems because she was born four and a half weeks premature. But she said they cleared up by the time she was 2.

When asked if she felt Garrard should receive the death penalty, Walker said, "She took away my baby, her life shouldn't be spared."

Under cross examination from defense attorney Richard Rhea, she was asked if she felt Garrard intended to kill Savannah.

Walker replied, "At some point she knew what she was doing ...at a certain point, any human being would know enough is enough."

After Walker, prosecutors brought in a surprise witness: Sam Hudgins, a man who was working on a home in the neighborhood that afternoon.

He testified he saw Savannah running laps around the house as he drove by twice, and the second time he saw her hauling wood so big she had to hold it in both of her arms.  Hudgins recalled pulling over to talk to a neighbor, Roger Simpson, to ask him what was going on.

Hudgins recalled Simpson saying he didn't want to get involved because Garrard once threatened "to blow his brains out" over an unrelated matter.

He said Simpson is now deceased, and that he, Hudgins, chose not to get involved until he read a newspaper account of the trial.

The testimony followed opening statements by prosecutor Marcus Reid and Jimmie Harp, who both said they intended to prove Savannah Hardin's death was "heinous, atrocious and cruel" when compared to other similar crimes, the legal standard for a death sentence in Alabama.

Defense attorneys deferred their opening statement and testimony until Wednesday. Over the weekend, defense attorney Sam Bone became a first-time father. Judge Ogletree explained to the jury Bone was given a couple of days off to be with his family at this time, and wanted to be present when his team made their statements and put on any witnesses.

Court was then recessed until Wednesday morning at 9 a.m.