EVIDENCE PRESENTED
BY THE PROSECUTION AT TRIAL
At trial, the jury heard the testimony of three (3) witnesses who positively identified McWilliams as the person they saw at Austin's on the night of the crime.
HOWARD CASH MARSH:
Testified that on the night of December 30, 1984, he left his house (which was located within a mile of Austin's) at approximately 09:50 pm. He decided to stop at Austin's to "pick up a book
of matches". He sat in his car for about one to two minutes at the intersection where Austin's and the Southern Pantry (another small store) are located- He stated "When I pulled up at
Austin's I noticed a black male behind the counter, which was unusual. I also noticed a red Volkswagen pull up and a young man get out and head for the cooler". Mr. Marsh then left Austin's. He later positively identified McWilliams in the line-up, as the black male he saw at Austin's on the night of the crime and further testified that at no point in the case had he ever identified another suspect.
STEVEN MCDANIEL:
Testified that on the night of December 30, 1984, he left his house at approximately 09:55 p.m. At approximately 10:00 p.m., he drove by Austin's and saw a black male messing with the lock on the front door.
He later positively identified McWilliams in the line-up, as the black male he saw at Austin's on the night of the crime.
RONALD LYNN THOMAS:
Testified that on the night of the December 30, 1984, he was with his two cousins at a friends house- Between the hours of 10:00 -10:30 p.m., he borrowed his cousins red Volkswagen and went to Austin's. As he entered, both doors opened up "like they were locked together or something". Once inside, he had a conversation with a black male who's eyes watered a lot.
He observed cigarettes scattered behind the counter where the employees stand. Mr. Thomas then left Austin's, returning to his friends house.
Upon arrival, he told his two cousins that he believed that Austin's was being robbed. Mr. Thomas, being accompanied this time by his two cousins, returned to Austin's. When they arrived, they observed Ms. Reynolds
small blue car, with no lights on leaving the store. The car was swerving and almost hit their car. All three then entered Austin's, where they found Ms. Reynolds kneeling in the rear of the store. Her shirt was bloodstained and Mr. Thomas asked her if she had been stabbed. She replied, "No, I have been shot five (5) times, robbed, and he stole my damn car..." Mr. Thomas then ran to the Laundromat located next to Austin's, where he alerted two (2) adults; who called the police.
He later positively identified McWilliams in the line-up as the black male he saw at Austin's on the night of the crime.
THE WITNESSES INITIAL DESCRIPTION OF THE BLACK MALE
Immediately After This Crime
| HOWARD MARSH | STEVEN MCDANIEL | RONALD THOMAS |
Age: | Approx. 35 yrs. old | 25-30 yrs. old | 26-28 yrs old |
Height: | 6' 1" | 5' 7" | 5' 11' |
Weight: | 180 Ibs. | 160-170 Ibs. | 150-160 Ibs. |
Hair: | No Description | 4" Afro | 1" Afro |
Facial Hair: | Grayish Beard | No Facial Hair | No Facial Hair |
Clothing: | Light Colored Sweater
(Click Exhibit 9 "Statement Of Marsh") | White Sweater With A Woven Design On It, Brown Corduroy Jacket With Patches On The Sleeves.
Click Exhibit 10
Click Exhibit 11
Click Exhibit 12
Click Exhibit 13
Click Exhibit 14"Statements McDaniel" | White Long Sleeve Shirt, Light Tan Khaki Pants With A Brown Stain
(Alleged To Be Blood) On The Right Leg Click Exhibit 15 "Statement Of Thomas")
Of |
[Note: At the time of Ms. Reynolds' murder, McWilliams' actual physical appearance was:]
Age:
Height;
Weight:
Hair:
Facial Hair:
|
24 yrs. old
5' 7"
137 Ibs
Short Cut Hair
Prominent Black Mustache And Goatee
|
Click 16 "Arresting Officer's Transcribed Taped Statement"
Click 17 "Photograph Of McWilliams In Jail, Taken Prior To Line-Up".
ANTHONY FINN AND RONNIE HANDS:
Two (2) jail inmates, testified that while in jail, McWilliams confessed a crime to them. Both testified that he told them he "locked the front door of a store, put up the "Closed" sign, and announced a robbery. He then started messing with the clerk and popped her before he got frightened and ran".
To support their testimony, the prosecutor introduced three (3) photographs of the store's front door locks engaged in the locked position.
Click Exhibit 18
Click Exhibit 19
Click Exhibit 20 "Photographs of Store's Front Doors"
An investigator testified that he believed the "Closed" sign
was in position.
Anthony Finn and Ronnie Hands testified that neither had been offered, promised, or given anything in exchange for their testimony.
FORENSIC EVIDENCE
OHIO STATE TROOPER ELDER:
Testified that on January 2, 1985, he arrested McWilliams in that state on unrelated charges of driving a car reportedly stolen, having a firearm in the vehicle, and no driver's license. Trooper Elder further told the jury that some clothing found in the vehicle
McWilliams was driving was inventoried as:
Two (2) Pair Of Khaki Pants.
Two (2) White Shirts.
One (1) Brown Coat.
The clothing was never introduced as evidence at the trial, nor did the prosecutor introduce any evidence of forensic testing on the clothing Trooper Elder testified were confiscated from
the vehicle McWilliams was driving. The prosecutor introduced as evidence a typed inventory list, which does not list the confiscated item Trooper Elder testified were taken during the search of the vehicle.
The prosecutor strongly suggested that the clothes were returned to McWilliams when he was released on January 17, 1985, and that McWilliams destroyed the clothing to prevent detection- The
prosecutor stated, "McWilliams brown coat, where is it? The police did not take the clothing he was wearing, so he got all of his clothes back". Without proof, the prosecutor inferred to the jury that these clothes had the victim's blood on them stating, "As to what happened to the khaki pants taken out of McWilliams car,.. I suspect they had (the victim's) blood on them, McWilliams got rid of them".
[Note: The jury was only shown the typed inventory list. The "handwritten" inventory list notes items "held out as possible evidence", Neither inventory list have any mention of
McWilliams having a "Brown" coat in his possession at the time of his arrest. (Click Exhibit 21, "The
"handwritten" inventory list"")
]
LAWDEN YATES:
A ballistic expert, testified that the firearm found in the vehicle McWilliams was driving at the time of his arrest, matched the bullets removed from Ms. Reynolds body and the crime scene,
stating "There is ample evidence the bullets removed from both the victim and the crime scene came from this weapon". [Note: Doug Turner, a lead investigator, testified at a preliminary hearing and introduced bullets recovered from the crime scene. He described the bullets as being one-half inch to one inch long, perfectly shaped, not flat, not mutilated and not deformed. (Click Exhibit 22 "Turner's Preliminary Hearing Testimony")
SEROLOGY:
The prosecution's expert testified that samples recovered from Ms. Reynolds clothing tested positive for semen and that further testing revealed an "A&H" secretor substance, which preliminary tests show matched
McWilliams' blood type "A".
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