Tuesday, March 17, 2015

State rests its case in Garrard murder trial



The state has rested in the capital murder trial of an Etowah County grandmother accused of running her 9-year-old granddaughter to death.
Testimony in the case was delayed last Thursday and Friday due to a “circumstance outside of everyone's control,” according to Etowah County Circuit Judge Billy Ogletree. He did not elaborate on that circumstance last week.
Testimony resumed on Monday and the first witness to take the stand was Heather Gibson, a nurse at Gadsden Regional Medical Center.
Gibson testified that Garrard changed her story about what happened to Savannah.
Gibson said in one version, Garrard said Savannah fell down the back steps while running to the house to take a shower.
But in another version, Gibson says Garrard said Savannah fell down inside the house while headed to the bathroom for a bowel movement.
While under cross-examination from defense attorney Richard Rhea, Gibson admitted there was a mistake on a medical record for Savannah.
She said she “clicked a wrong button” on the computer and indicated “spontaneous eye movement” was more present than it actually was.
Gibson also confirmed she's one of the defendants in the lawsuit filed against GRMC by the Savannah Hardin estate.
Gibson was the only witness to take the stand before the court recessed briefly.
The state rested their case at 9:45 a.m. Monday.
Defense attorney Sam Bone asked for a motion of acquittal. He argued it was "absurd" that Garrard would murder her own granddaughter.
Bone says Garrard was trying to teach her granddaughter a lesson about lying.
Judge Ogletree denied the defense's motion for acquittal.
The defense team brought in four witnesses Monday. The first was Garrard's nephew who said he saw Savannah carrying sticks in the yard but he didn't think anything of it. After his testimony, Garrard's sister testified that she saw Savannah in the yard the day if the incident but she didn't look like we was distressed or running.
During Mondays testimony, Savannah's former P.E. teacher, Vicki Sanders, said it is true there was a running contest held at the end of the school year and that Savannah was a fan of running. She added that it was Savannah's goal to place in the top three slots.
Lead defense attorney Dani Bone also attempted to call up Dr. Emily Ward to the stand again. She is the forensic pathologist who performed Savannah's autopsy. For one reason or another she did not show and the director of the state forensics department was called to the stand.
The day ended around 3:30 p.m. due to a medical issue with a juror.

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