What’s happening at McCraney trial Day 6

OZARK, Ala. (WTVY) - 4/26/23 9:21 a.m. The jury is back in the jury room deliberating.

4:03 p.m. Judge Filmore ordered a recess until 9 a.m. Wednesday.

The jury has been sent back for deliberation.

Rebuttal: Prosecution

10:50 a.m. Attorney General Steve Marshall thanked the jury on behalf of JB and Tracie’s family for their time. Marshall stated that the prosecution has not asked the jury to assume but to instead “consider the facts.” He restated that the two eye-witnesses to this crime are not here to testify.

10:52 a.m. Marshall talked about how one puzzle piece does not show the whole picture, the pieces have to be put together to get “the true picture” of what happened in this case. Marshall equated the defense’s argument to the shell game where a ball is covered and swapped around for the player to find. Marshall said that none of the witnesses did not refute the autopsy reports, the shell casings, or the DNA. He stated that the defense was unable to “explain away” the DNA evidence in “a way that made sense.”

10:55 a.m. Marshall brought up the hypnosis saying that it did not impact the case at all. He also talked about the “Gestapo” tactics that the defense claimed McCraney faced in the interrogation room and the testimony provided that refuted that. Marshall claimed that the defense was trying to distract from the facts of the case.

10:57 a.m. He explained that the pathologists could not claim who committed a crime but only look at DNA evidence so when they were asked if they had anything that proved McCraney murdered JB and Tracie “they were just telling the truth.” Marshall moved to talking about the DNA evidence claiming it was “direct evidence.”

10:59 a.m. Marshall also asked the jury to remember that until yesterday, McCraney had never told anyone he met JB prior to the murders. He spoke about Walker’s testimony that contradicted the defense stating that McCraney volunteered his evidence before speaking to his wife. “The forensics do tell the story,” Marshall said presenting the report showing the powder stippling that showed they were killed at close range. He stated that evidence shows JB and Tracie saw their killer right before they died and knew they were going to die.

11:02 a.m. Marshall said that JB and Tracie were on their way to meet their friends, not McCraney. The phone numbers and names found in Tracie’s pocket prove that, according to Marshall. He pointed out the soil stains on the inside and outside of JB’s jeans, telling the jury that they are going to be able to see photos of the girls’ clothes. “The inside soil stains tell this story. Not the story of sex in the bed of a truck but a girls on the ground being raped by somebody she doesn’t know,” Marshall said.

11:06 a.m. Marshall stated the jury doesn’t have to assume that there is soil inside her jeans nor did they have to assume that the semen was McCraney’s. “If you can’t now say you didn’t know, them you can’t now say you never met them, you better be coming up with another story,” Marshall said claiming that was what McCraney did with his testimony yesterday.

11:09 a.m. “Is it reasonable to believe that JB lied and gave the name Jennifer when her name is JB, no Jennifer there,” Marshall asked the jury. He continued on asking if pieces of McCraney’s story were “reasonable to believe.” Marshall pointed out that taking the shortcut with McCraney then taking him home then taking the shortcut again would not be faster.

11:12 a.m. Marshall asked the jury if the series of events in McCraney’s testimony were all coincidental. “Don’t lose your common sense,” Marshall told the jury.

11:15 a.m. Marshall presented senior photos of JB Beasley and Tracie Hawlett to show the jury. He urged the jury to find McCraney guilty.

Closing Arguments: Defense

9:58 a.m. Defense attorney David Harrison addresses the jury saying “Show me the evidence.” He told the jury that their job is not to solve the case but to decide, beyond a reasonable doubt, McCraney committed these crimes.

10:00 a.m. Harrison said that if there is a doubt and it’s reasonable that they must acquit. Harrison brought up Barry Tucker’s testimony that McCraney’s fingerprints were not found in the car and that Tucker’s testimony presents that reasonable doubt. “Don’t be fooled by photographs or anything else” Harrison.

10:02 a.m. Harrison said that Benson’s testimony of seeing the Mazda 929 driving that night coincides with the time JB and Tracie would have pulled into the Big Little. Harrison brought up the phone call that Wade Williams received at 2 a.m. on the morning of August 1, 1999 from a girl.

10:04 a.m. Harrison pointed out that the prosecution had 19 witnesses, 5 of which were experts in their field. “They are the best,” Harrison said. He stated that none of the experts said they had evidence that proves McCraney committed those crimes. Harrison also claimed that there would be trauma to Ms. Beasley explaining that if she was 17 with a gun to her head “there would be trauma there.”

10:07 a.m. Harrison pulled out a board that said there was “no confession, no motive, no fingerprints, no rape, no gun, no video, no audio, no crime scene, + eyewitness alibi = not guilty.” Harrison said that the “elephant in the room is that white girls and black boys hook up.” Harrison reminded the jury that there were police officer’s fingerprints were on the car. Harrison also pointed out that the prosecution wants the jury to assume rape because McCraney is black and JB was white.

10:11 a.m. Harrison claimed that McCraney asked for a lawyer 8 times in an hour and he was not given one. Harrison said that they have to acquit McCraney.

10:14 a.m. Harrison began going through the testimony. He brought up that Tracie called her personal line at the house. Andrew Hurst testified that he saw JB with two guys at the mall July 31, 1999. Harrison brought up the hypnosis of some of the witnesses. He continued going through witness testimony citing the scientist that made a report stating the 929 was a two door car, not a four door.

10:18 a.m. He talked about Marlos Walker’s testimony stating that he did not have any evidence other than DNA to link McCraney to the crime. Harrison cited Michael Bryan’s testimony, pulling from the interview Bryan had with Gissendanner, a death row inmate who knew McCraney. He read from Bryan’s interview with GIssendanner where he said that he did not want an innocent man to go to jail, he also said that he wanted to be lead in the right direction if they had it wrong. Harrison pointed out that this was a week after McCraney was indicted.

10:21 a.m. Harrison brought up the reward for information that was “offered” to Gissendanner. He cited Bryan again, stating that Bryan asked Gissendanner if they had the facts of this case right a week after McCraney’s indicted.

10:23 a.m. Harrison said that they prosecution would have the jury believe that McCraney planned all of this. He said “He was 24 years old, not really educated,” claiming that the prosecution wants the jury to believe McCraney “outsmarted” everyone. He stated that McCraney volunteered his DNA. He also brought up that McCraney was shown pictures of the girls and his family during interrogation. Harrison asked the jury not to assume.

10:26 a.m. Harrison said that DNA stands for “Do Not Assume,” pointing to sign with DNA written on it. “What happens when we assume,” Harrison asked the jury. Harrison emphasized that if there was a doubt and it was reasonable, that they must acquit McCraney.

Closing Arguments: Prosecution

9:19 a.m. Prosecutor Jimmy Thomas began closing arguments. He addressed the jury saying that what the defendant did to these girls is “what capital murder is all about.” Thomas goes through how the sequence of events that lead to JB and Tracie’s death.

9:21 a.m. Thomas stated that the girls were invited to a party and that JB was celebrating her 17th birthday. He said that the girls instead decided to meet their friends in Midland City. They called one of the boys’ phones to arrange the meeting. The guys came to the gas station to wait for the JB and Tracie but they never arrive.

9:23 a.m. Thomas claimed that the girls got lost and came upon the Big Little store where they used the payphone to call Tracie’s mom where they explained to her that they were lost and they wanted to meet their friends before heading home. Thomas recounted the testimony of the two women who gave the girls directions, stating that they saw only the girls at the store and no one else. After those two women left, Thomas claimed that McCraney comes to the gas station.

9:25 a.m. Thomas said that McCraney approached JB and Tracie with a gun, orders them into JB’s car and takes them “to a marshy area.” He said that McCraney ordered JB to take her pants off and proceeds to rape JB. He then forces them into to the trunk of the Mazda 929 where he shoots JB first and then shoots Tracie.

9:27 a.m. Thomas proposed that McCraney then closed the trunk, drove the car to Herring Ave. and walked the rest of the way home. Thomas then recounted the testimony from Wanger, who performed the autopsies and spoke about the vaginal swabs that were taken from JB. He said that the DNA profile generated from those semen stains and that it was submitted to a database back in 1999 but produced negative results at that time.

9:30 a.m. Thomas said that the Mazda 929 was “thoroughly searched for evidence.” He recounted the “breakthrough” due to advancements in DNA technology that implicated McCraney’s family line. He said that McCraney, after consulting his wife, agreed to give his DNA. His profile matched that of the semen stain found on JB’s sweater. He spoke about the DNA expert’s testimony where she said that the odds DNA profile being repeated were 1 in 122 nonillion random, unrelated African American men

9:32 a.m. “Coley McCraney was the only person who could not be excluded,” Thomas said. Thomas brought up the fact that when questioned, McCraney said “without hesitation” told police he did not know the girls. He went through the testimony of the firearms expert who spoke about the shell casings, the former landlord of McCraney, and Barry Tucker, who worked as an investigator with ABI at the time of the murders.

9:35 a.m. “It is clear that this defendant shot those girls because he did not want to be held accountable for raping JB,” Thomas claimed. He turned his attention to what the defense “would have [they jury] believe.” Thomas talked about how McCraney claimed he met JB at the Dothan mall. He then recounted McCraney’s version of the story he shared yesterday, pointing out that the girls were shown the shortcut and were supposed to drop McCraney off before taking the shortcut again to get home. “It does not make any sense at all,” Thomas stated.

9:38 a.m. He reminded the jury that the series of events that McCraney gave all took place after the girls said they were going to get home. Thomas claimed that he took advantage of JB and Tracie that night. Thomas brought up Mrs. McCraney’s testimony and the fact that she testified when he got home that night and said she knew “amazingly 20 years later,” exactly the state of his clothing.

9:40 a.m. Thomas asked the jury to consider the credibility of witnesses. He also stated that the defense believes a third person killed JB and Tracie that night. “Why would a third person want to kill those girls,” he asked. “Why would a third person need to move the car after killing them?”

9:43 a.m. Thomas suggested that the defense would have the jury believe that vaginal injury is required to classify rape. He brought up testimony from experts that state injury is not always present in rape cases and can be present in consensual sex. Thomas brought up Dan Driver’s testimony, pointing out that he admitted he had a brain injury that affected his memory.

9:46 a.m. Thomas disputed the defense’s claims that McCraney was mistreated at the police station following his arrest. He pointed out that McCraney testified he was given food, permitted to go to the bathroom, and given a mat to sleep on. Thomas continued going through witnesses the defense called throughout the trial, pointing out that their timelines don’t match up.

9:47 a.m. He told the court about “totality of circumstances.” Thomas said that when you consider all of the evidence presented, “the pieces of the puzzle make a whole picture.” He reminded the jury that guilt can be determined by circumstantial evidence. “In this case you don’t have to actually see this defendant shoot and kill JB and Tracie to know that he did,” Thomas told the jury.

9:51 a.m. “In this case, there are only two people who could tell you exactly what happened and this defendant made sure that they were not around to tell you,” Thomas said. Thomas talked to the jury about intent. “I think we can all agree that if you shoot someone in the head with a firearm, you have the intent to kill.”

9:53 a.m. Thomas stated that the defense, in their opening statements, asked the jury not to assume. Thomas claimed that the defense is asking the jury to assume that a third person killed these girls. Thomas claimed JB and Tracie did not need directions from McCraney because they had already gotten directions back to 231.

9:55 a.m. Thomas asked the jury to consider if Harrison’s argument makes sense and if it is supported by the facts presented. He restated that McCraney intentionally killed JB and Tracie and that he intentionally raped JB. He asked the jury to give “the only verdict that fairness and justice demands.”

Read previous testimony here.

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