Ingerson v. State (508 S.W.3d 703, 2016)

MEMORANDUM OPINION

BILL MEIER, JUSTICE

I. Introduction

A jury found appellant Fred Earl Inger-son, III guilty of the offense of capital murder and assessed his punishment at life without parole in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced him accordingly. In four points, Ingerson argues that the evidence is insufficient to support the jury’s verdict; that the trial court erred by allowing the State to introduce extraneous-offense evidence; and that the trial court erred by not allowing him to introduce evidence that “another person may have had a motive to commit the killings.” We will reverse and render a judgment of acquittal.

II. Background

On June 28, 2008, Robyn Richter and Shawna Ferris were found dead in the parking lot of the Miyako Japanese Restaurant in Granbury, Hood County, Texas. They were discovered in the front seats of a GMC Envoy—Richter in the driver seat and Ferris in the passenger seat. Each had suffered a single gunshot wound to the head and had been shot from the passenger side of the vehicle.

The Granbury Police Department and the Texas Rangers performed an extensive investigation of these murders. It was not until March of 2010 that law enforcement obtained a warrant for Ingerson’s arrest.

III.Trial Testimony

The State called forty-six witnesses in its presentation of its case in chief, and the defense called seven witnesses. The State called four rebuttal witnesses. We will briefly identify the testimony of each witness in order to thoroughly consider the sufficiency-of-the-evidenee question raised by Ingerson in his first point.

State’s Witness Kenneth Barnes:

The first witness was Kenneth Barnes, who testified that he is an employee in the City of Granbury’s IT Department and said that his duties in the IT Department included recovering video data from surveillance systems. Barnes said that he gathered video from the Little Miracles Creative Learning Center’s surveillance system on June 30,2008, and that this data constituted State’s Exhibit 1. According to Barnes, the video contained in State’s Exhibit 1 captured video spanning from 11:30 p.m. on June 27 to 12:30 a.m. on June 28. While on the stand, Barnes did not mention Ingerson’s name.

State’s Witness Shelly Roop:

The second witness to testify was Shelly Roop. Roop averred that she was the former owner of the Little Miracles Creative Learning Center and testified to the reliability of the daycare’s video system. She also did not mention Ingerson.

State’s Witness Russell Grizzard:

Witness number three was Russell Griz-zard, who testified that he is a detective with the Granbury Police Department. Grizzard averred that he was the first detective to arrive at the scene who took photographs of the bodies. He said that he made an initial search of the scene and that he looked for but found no shell casings. Grizzard stayed at the crime scene until the crime scene investigation team arrived. After the car was opened, Griz-zard averred that he found Richter’s cellphone. According to Grizzard, the last outgoing call shown on the cellphone was made at 11:52 p.m. and lasted until 11:53 p.m., which Grizzard said he believed showed that the time of death was after 11:53 p.m.

Grizzard averred that a fellow investigator, Richie Haught, had interviewed “everyone [who] was at the bar at Miyako’s the night before” the murders were discovered. According to Grizzard, based on Haught’s initial interview with Ingerson, it was determined that investigators “needed to talk to [Ingerson] a second time.” Griz-zard said that he and Texas Ranger Danny Briley went to Ingerson’s home, but that Ingerson was not there. Grizzard said that while there, however, Briley spoke to Ingerson by telephone. By Grizzard’s account, Ingerson agreed to go to the Gran-bury Police Department and was interviewed on Saturday, June 28, 2008.

During this interview, Grizzard said that he asked Ingerson what he was wearing while he was at Miyoka on the night before the bodies were discovered. Grizzard testified that Ingerson gave him permission to retrieve the pants he said he had worn from a local cleaners. Based on this, Griz-zard said that Haught called the owner of the cleaners, who agreed to retrieve Inger-son’s pants.

Grizzard testified that Ingerson initially told him that he believed that he had left Miyako at about 10:50 to 11:00 p.m. on Friday. Grizzard said that Ingerson corrected that timeframe when he was told about statements from other people who were at the bar having said that it was around 11:30 p.m. and that Ingerson conceded that that was the more correct time of his departure, saying he left with everyone else when the bar closed. Grizzard testified that the Little Miracles’s surveillance video showed a car similar to Inger-son’s drive by its location within minutes after the last outgoing call on Richter’s cellphone.

Later, while at Ingerson’s home, Griz-zard said that he and Briley obtained permission to search Ingerson’s car. No weapons were found in the car. They also asked to look at the weapons in Ingerson’s home. According to Grizzard, one of the weapons there was a .44 Special Smith & Wesson revolver. Grizzard said that although they were looking for a .38 Colt Special or a .357 Colt, no such gun was found at Inger-son’s home.

Grizzard testified that he knew he was looking for a Colt .38 Special or .357 Magnum revolver as he was searching for the murder weapon because of an examination of a projectile found in the back of the vehicle where the bodies were found. According to Grizzard, he had been told this by Calvin Story.

Grizzard testified that during the time Story was asked to examine evidence, he sent Story a .38 Special caliber Colt model Cobra revolver that was in the possession of the Granbury police at that time for examination. By Grizzard’s account, this gun was obtained from David Hill, who was arrested for a D.W.I., and it was seized as evidence and put in the police department’s safekeeping. Story concluded in his report that he was unable to identify or eliminate the Cobra revolver as having fired the bullet found at the scene of the murders.

Grizzard testified that Ingerson reported that he had talked with Richter and Ferris after he came out of the restaurant on Friday, June 27. Grizzard said that his investigation confirmed this in that Inger-son’s palm prints and fingerprints were found on the vehicle. However, Grizzard testified that although there was an extensive investigation by investigators taking hair and fiber samples and DNA, there was no biological evidence collected at the crime scene or at Ingerson’s home that connected him by forensic evidence to the murders aside from the palm prints and fingerprints. Grizzard did say that investigators found several other palm prints and fingerprints on the vehicle that have never been identified. Grizzard also said that none of the two victims’ biological material—including hair, blood, or DNA—were recovered from any of Ingerson’s shoes or clothing that investigators tested, including the pants that Ingerson voluntarily allowed investigators to retrieve from the cleaners.

Grizzard also testified that during his investigation he received “information that there were a couple of people [who] made the remark” that they had killed the two women. Specifically, Grizzard said that one person “for sure did make a remark that he killed the girls” and that another person had informed investigators that the murders were related to the “Aryan Circle” but that the informant also said that the murders involved another gang, “Tango Blast.” Grizzard also said that he received information that the Aryan Brotherhood had committed the murders. Grizzard said that he did not pursue a lead regarding the Aryan Circle because the information he obtained was that the women were killed with a shotgun and he knew definitely that they were not. Grizzard said that Christopher Tibbs, the individual who claimed to have killed the two women, was investigated and that it was determined that Tibbs did not know relevant details about the murders and that he had lied about his involvement in the murders “to look tough in front of some other people.”

State’s Witness Michael Mathew:

Michael Mathew, who testified that he was sixty years old at the time of trial and a resident of Kingman, Indiana, was the fourth witness. Mathew testified that he was involved in a 1999 transaction in which Ingerson purchased guns from a gun dealer named James Elrod. Mathew said that he delivered two guns to Ingerson at the same time and that he took a check, which had been written on a company account, from Ingerson to pay for them. Mathew said that he then delivered that check to Elrod. Mathew said that one of the guns that he delivered to Ingerson was a Colt and that he remembered that it was because “[y]ou just didn’t see many little Colts like that at the time.”

State’s Witness James Elrod:

James Elrod was the fifth witness. El-rod confirmed that he sold a .38 Special bobbed-hammer gun to Ingerson in 1999 through Mathew. He said that he bought the Colt .38 Special revolver at Darrel’s Guns, a gun shop in Indiana. During El-rod’s time on the stand, the State introduced State’s Exhibit 17. Part of State’s Exhibit 17 contained a photocopy of the check that Ingerson used to pay for the two guns. Elrod described for the jury how on the check’s memo line the word “Door” is written. Elrod said that he knew that the check was written as such at the time and that he “didn’t like it” but that because he needed the money, he took and cashed the check. But Elrod averred that the check was the payment for the two guns. Elrod also described how he later signed an affidavit explaining that the check was in fact for the purchase of the guns. A copy of the affidavit makes up the remaining portion of State’s Exhibit 17. Elrod also testified that State’s Exhibits 18, 19, and 20 are pictures that accurately depict the type of gun that he sold to Ingerson. Elrod described a .38 Special bobbed-hammer pistol as “[n]ot having a hammer.”

Elrod averred that he had informed investigators that numerous times he had fired the .38 Special bobbed-hammer pistol that he sold to Ingerson. He also said that he was aware that investigators had retrieved slugs from the place where he had shot the gun.

State’s Witness Darrel W. Stonebraker:

Darrel W. Stonebraker, who testified that he is the manager of Darrel’s Custom Firearms, was witness number six. Stoneb-raker said that he sold the .38 Colt Detective Special revolver to Elrod. Stonebraker identified State’s Exhibit 62 as a Colt advertisement that was admitted into evidence. Stonebraker did not know and could not identify Ingerson.

State’s Witness Dr. Marc Krouse:

The seventh witness was Dr. Marc Krouse, whose job it is to investigate deaths in Denton, Parker, Tarrant, and Johnson Counties. He testified that his title is Chief Deputy Medical Examiner and that he is also called on from time to time to perform services for Hood County. Krouse prepared and sponsored for admission the autopsy reports for Richter, State’s Exhibit 21, and Ferris, State’s Exhibit 24. Krouse testified extensively about the bullet wounds and the condition of the bodies. He testified that the time of Richter’s death was between 9:00 p.m. and 2:00 a.m. He presented no evidence concerning Ingerson.

State’s Witness Joe Hutson:

Witness number eight was Joe Hutson, a former Texas Ranger law officer, whose connection with the case was that in July 2008 he collected six .38 Special jacketed bullets from Ingerson’s former wife, Sharon Ingerson Hutcheson. Hutson testified that he put the bullets into an evidence bag that was marked as State’s Exhibit 30. Those six bullets were eventually transferred to Story for examination. Hutson had no testimony to give concerning Inger-son other than his picking up the bullets and speaking with Ingerson’s ex-wife about the gun that Ingerson had left with her.

State’s Witness Sharon Diane Ingerson Hutcheson:

Sharon Diane Ingerson Hutcheson was witness number nine. She testified that she retained the .38 Colt Special bobbed-hammer pistol after Ingerson moved back to Texas and while they were getting a divorce. She stated that she gave the gun back to Ingerson in the first part of June 2006. She identified State’s Exhibits 18,19, and 20—a .38 Colt Detective Special bobbed-hammer revolver—as being pictures looking like the gun that she gave back to Ingerson. She averred that she kept the gun and the bullets separate and that she gave the bullets to Hutson.

State’s Witness Brent Wayne Watson:

Witness number ten was Brent Wayne Watson. Watson is a forensic scientist in the DNA unit of the Texas Department of Public Safety Crime Laboratory in Waco, Texas. He was one of the crime scene analysts who came to the crime scene on Saturday, June 28. He described his work in the DNA section, stating that he examines physical evidence from crime scenes for any cells or fluids that contain DNA. Watson said that he generates DNA profiles from those cells and fluids. He averred that his job includes doing crime investigations, and he was called to do that in this case.

Watson said that after the bodies were removed from the Envoy, he took photographs of its interior. Watson identified State’s Exhibits 32, 33, 34, 35, and 36 as photographs of a projectile that was located in the rear cargo area of the Envoy in which the bodies were found. Watson had the DNA from the bodies of Richter and Ferris as a result of autopsies conducted on their bodies. He said that he obtained DNA evidence from the projectile in State’s Exhibit 54 (also referred to as Item 11) shown in State’s Exhibits 33 through 35. Watson concluded that the DNA obtained from the projectile was a DNA match to Ferris.

Watson gave additional testimony about gunshot residue and the technique for gathering gunshot residue evidence. He testified that he collected pads, which he called stubs, that had been pressed against spots on Ingerson’s pants that investigators retrieved from the cleaners. Watson did not do the analysis of the gunshot residue stubs; instead, they were sent to Austin for analysis at the DPS Crime Laboratory.

After his initial work at the crime scene and the examination of Ingerson’s pants, Watson was called back to Granbury by Texas Ranger Briley on August 28, 2008, to examine and look for gunshot residue from the interior of the Mazda Tribute vehicle that Ingerson drove on June 27 and 28. During Watson’s time on the stand, the State introduced photographs of the vehicle—State’s Exhibits 45 and 46. The State also introduced State’s Exhibits 47, 48, and 49, which Watson said showed the areas of the Mazda that were examined and swabbed in looking for gunshot residue. Watson gave no evidence concerning Ingerson directly.

State’s Witness Rose “Sissy” Cardwell:

Witness number eleven was Rose “Sissy” Cardwell. Cardwell averred that she worked at the tax assessor’s office with Richter. According to Cardwell, she and her family were friends with Richter. Cardwell described Richter as a friendly and outgoing person that she went to dinner with on occasion outside of the workplace. Cardwell testified that she saw In-gerson at the tax office on three occasions but that she never met him. She testified that when Ingerson was at the office on one occasion, she was called to the area where Richter was talking with Ingerson. Cardwell said that she observed that In-gerson was about to write a check at the tax assessor’s office and that she saw Richter grab his checkbook and overheard Richter say to Ingerson, “Can I write the check? Let me write the check.” According to Cardwell, Ingerson said, “No.”

Cardwell testified that one day after In-gerson visited the office, Richter was making fun of him and the way he walked. That testimony is as follows:

[Prosecutor]: I want you to—I want to direct your attention then again to that day when they’re teasing each other about the checkbook and that sort—

[Cardwell]: She wanted to write a check, and, you know, she said, “Let me write that check.” And he said, “I don’t think so,” or something like that, so—

[Prosecutor]: And when he left, did she say anything that indicated her state of mind or her feelings about him?

[Cardwell]: Not about him. She was laughing.

[Prosecutor]: Well, what do you mean?

[Cardwell]: Like poking fun, making fun.

[Prosecutor]: Well, what was funny?

[Cardwell]: Well, she came over to my office after the fact because I—because I left, and my sister had been there, she just got there and she met [Richter] that day, and she [came] in the office, laughing, and just making fun.

[Prosecutor]: Well, how? What was she making fun of?

[Cardwell]: How—what he had on.

[Prosecutor]: And what did he have on that was funny?

[Cardwell]: He had khaki pants—khaki shorts, socks mid-thigh, a white T-shirt with something on it, I don’t know what it was, tucked in. And that was [Richter]. [Richter] just, you know, I hate to say made fun of the way he looked, because that’s not nice, but—and we laughed because she was imitating his walk.

[Prosecutor]: Like how?

[Cardwell]: Well, I’m not going to stand up and show y’all.

[Prosecutor]: Well, that’s not exactly what I mean. But—but I realize that—that [Richter] is gone.

[Cardwell]: Uh-huh.

[Prosecutor]: And some of these things I’m asking you about her, you don’t approve of now, didn’t approve of then.

[Cardwell]: I didn’t.

[Prosecutor]: But it’s important for us to understand the nature of this relationship, so don’t worry about it.

[Cardwell]: I understand. I understand.

[Prosecutor]: So I need you to tell me what she was saying and how she was acting towards the defendant after he left. What did she say?

[Cardwell]: She had said he was nerdy, and she was making fun of the way he was walking. And [Richter] was just— she—she joked about everything, she just kept the office laughing. And, of course, the way she was walking and imitating, it was funny. And I have to say I laughed. I didn’t agree, but I have to say I laughed.

[Prosecutor]: That it was funny?

[Cardwell]: Because it was funny to see her do what she did.

[Prosecutor]: What did you say to her about how she was dating this man [a]nd then making fun of him and the way he looked and the way he walked and the way he acted and that he was nerdy after he left?

[Cardwell]: I had told [Richter] if she wasn’t interested in him, to do not lead him on. And she never really said much about that. I just said, “It’s wrong, because it’s not just a good situation to be in. If you don’t like him, don’t lead him on. Don’t—don’t accept his lunch dates, dinner dates. Anything he offers you, don’t—don’t lead him on.”

[Prosecutor]: Well, and why did you feel like you needed to tell her that?

[Cardwell]: I guess because that’s something that I wouldn’t do, and I always told [Richter] that—I guess being a big sister, mother figure, whatever, she always came to me, and I was very protective of [Richter] and tried to lead her in a way that I feel like I would go.

[Prosecutor]: Well,—

[Cardwell]: I don’t—

[Prosecutor]:—my question—so I just— just so I understand—

[Cardwell]: Uh-huh.

[Prosecutor]:—your frame of mind and hers, why wouldn’t you lead a man on if you weren’t interested in him?

[Cardwell]: Why—

[Prosecutor]: Why wouldn’t you do that, Ms. Cardwell?

[Cardwell]: I’m sorry. Can you repeat that again?

[Prosecutor]: Well, why wouldn’t you— why wouldn’t you lead a man on—

[Cardwell]: Well,—

[Prosecutor]:—if you weren’t interested in him?

[Cardwell]:—I just wouldn’t want to deal with the fact that if I did continue to lead him on, what might happen. I don’t—I don’t know.

[Prosecutor]: And were you concerned about [Richter] in that regard?

[Cardwell]: I have to say I was, yeah.

[Prosecutor]: Now this—this exchange that you’re talking about, to where he comes into the tax office and he calls—she calls a girlfriend also to look at him and then flirts with him and then makes fun of him as he leaves—left, what day was that?

[Cardwell]: Oh, my goodness. I want to say it was probably maybe late April and May.

[Prosecutor]: Okay. And—now, I want to ask you about, did you have any interaction with her about [Ingerson] the day that she died?

[Cardwell]: Other than what I just told you, is that what you’re talking about?

[Prosecutor]: Yes.

[Cardwell]: No, I mean just—

[Prosecutor]: Well, I’m a little confused. Did you have this conversation with [Richter] about not leading [Ingerson] on—

[Cardwell]: Oh, yeah, other than—yes.

[Prosecutor]: And I—I can’t lead you. I just want to ask you this question this way.

[Cardwell]: Uh-huh.

[Prosecutor]: You may not remember the exact date that [Richter] was murdered. Okay?

[Cardwell]: I do remember the date.

[Prosecutor]: Okay. Was it June 27th?

[Cardwell]: 28th.

[Prosecutor]: 28th. Okay. That was a Saturday.

[Cardwell]: Yes.

[Prosecutor]: The Friday before,—

[Cardwell]: Uh-huh.

[Prosecutor]:—which would be June 27th,—

[Cardwell]: Uh-huh.

[Prosecutor]:—did you have any conversations with [Richter] about [Inger-son] that day?

[Cardwell]: Prior to him coming in, is that what you’re—

[Prosecutor]: Or any time.

[Cardwell]: Or any time?

[Prosecutor]: Well, the day that—did you see [Ingerson] that Friday?

[Cardwell]: I saw him in the office.

[Prosecutor]: Okay. And that’s where I—I think I was confused and I might have confused you. This episode that you described about [Ingerson] coming in and her calling you over and her making fun of him, did that happen the Friday before she was murdered?

[Cardwell]: The very Friday it happened.

[Prosecutor]: Okay.

[Cardwell]: Uh-huh.

[Prosecutor]: All right. And did you admonish her that same day?

[Cardwell]: I did. I told her not to do that, you know, “Don’t lead him on,” again. Of course, we laughed. And I told her, you know, ‘You shouldn’t be doing that. If you don’t really like him, don’t do it.”

[Prosecutor]: Did she ever tell you why she was in this relationship if he thought—she thought he was a—nerdy and not appealing?

[Cardwell]: She never really said. I—I think she liked the wine and dine, because he did take her to dinner, and he took her to lunch and a few other things. But—

[Prosecutor]: I’ll pass the witness, Your Honor.

THE COURT: All right. [Defense counsel]?

CROSS EXAMINATION

[Defense Counsel]: Was [Ingerson] aware that he was being led on?

[Cardwell]: No.

[Defense Counsel]: I don’t have any further questions of this witness.

THE COURT: All right. You can step down. Thank you, ma’am.

State’s Witness Calvin S. Story, Jr.:

Calvin S.. Story, Jr. was the twelfth witness. Story testified that he is a forensic scientist. At the time of trial, he said that he was serving his second stint with the Texas Department of Public Safety. Story stated that he has had a lifetime of experience as a forensic scientist and ballistics expert and has previously served in this capacity for DPS and the Austin Police Department. Story averred that after working for DPS for several years, he resigned and then went to work for the Austin Police Department, where he established its first ballistics laboratory. Story said that he worked for twenty years at the Austin Police Department’s lab before retiring and then returning to DPS in 1982, where he has worked ever since. Story described his experience as follows:

In 1974, I completed my degree work at Southwest Texas State University in San Marcos. I was that—hired that year as a ballistics expert, and I underwent a two-year on-the-job training program by the supervisor at that time. I then started working my own cases under his supervision and—excuse me—I joined the Association of Firearms and Tool Mark Examiners, and I’ve attended annual seminars, training seminars put on by that association. We do continuing education each year, various schools, pub- —hosted by the FBI and other agencies, and we subscribe to the current periodicals on the subject. And I work in a lab with eight other examiners.

Story described his primary responsibilities at DPS as involving the receiving of fired-firearms evidence and suspect firearms. Specifically, Story said that his duties entailed attempting to determine if two sets of bullets were fired from the same gun or cartridge cases. He also said that he performs serial number restorations and distance determinations, as well as tool mark examinations.

Story described to the jury the parts of the gunning, which consist of the bullet or projectile that goes out the end of the barrel, the cartridge case into which the projectile is fitted against the gunpowder, and the primer at one end of the bullet that ignites the gunpowder when it is struck by a sharp object. He explained that bullets are of different diameters and that the term “caliber” refers to the diameter of the projectile as used in his field. Story explained that the term “grain” refers to a measure of weight, that there are 7,000 grains in a pound, and that the weight of projectiles is stated in grains.

Story also explained that at the time a barrel of a firearm is made, the manufacturer cuts grooves inside the barrel to cause a spiraling of the projectile as it moves through the barrel. He explained that when the projectile moves through the barrel, the projectile is marked by the grooves and lands that are cut inside the barrel and that these markings are referred to as rifling. Story explained that as a ballistics expert, he compares the grooves and lands, along with the twist of the barrel, to identify a particular projectile as having been fired through a particular barrel attached to a particular gun.

Story further said that each gun is built to shoot a particular caliber of bullet. The caliber of bullet to be used with a firearm is printed on the firearm. According to Story, very few guns can fire more than one type of cartridge. Story did, however, identify two caliber bullets that can be fired from the same firearm. Story said that a .357 Magnum caliber bullet and a .38 Special caliber bullet can both be fired by using a firearm that is a .357 Magnum caliber but that a .357 Magnum caliber bullet will not fit and cannot be fired in a .38 caliber gun because a .357 Magnum caliber bullet is too large to fit into a .38 caliber gun.

Specifically to the evidence collected at the crime scene in this case, Story said that because investigators had not recovered any shell casings, it was most likely that the murder weapon was a revolver. Story also said that he tested the projectile recovered at the crime scene and determined that because of its diameter, weight, and “left twist,” he believed the projectile had been fired from a .38 Colt or .357 Colt revolver. Story did aver, however, that it would be impossible to eliminate other manufacturers besides Colt. He also averred that there were possibly thousands of Colts that could have fired the projectile recovered from the crime scene.

Story said that he tested the .38 Colt Cobra revolver that Grizzard had sent to him. Story said that he could neither confirm nor eliminate the .38 Colt Cobra as the weapon that had fired the projectile recovered from the crime scene. Story also said that he was unable to match the twenty-two fired projectiles recovered from Indiana to the projectile recovered from the scene. Story further averred that he was certain that “[tjhose 22 bullets were not fired from the same gun” as the projectile recovered from the crime scene.

State’s Witness Mark Wild:

Witness number thirteen was Mark Wild. Wild said that he is employed by the Texas Department of Public Safety in the Crime Laboratory in Austin. He identified his job as being a latent print examiner. Wild explained that fingers and palms contain ridges and furrows. According to Wild, perspiration from fingers and palms can transfer to surfaces they touch, thereby leaving touched impressions on the surface that are called latent prints. Wild averred that each individual’s fingerprint is unique. He said that the pattern left on the surface touched is called a latent print and that the term “latent” means that the fingerprint and palm print patterns are not visible to the naked eye. Wild said that latent prints are lifted from touched surfaces by using various chemical and physical means and that their patterns may be studied and identified.

Wild averred that he went to the crime scene on June 28, 2008, and did a fingerprint and palm print examination of the Envoy vehicle at the scene of the murders. He said that he identified forty-one usable but unidentified prints from the exterior of the vehicle in which the bodies were found and that there were many other unusable prints inside the vehicle.

Wild said that Investigators submitted Ingerson’s palm prints and fingerprints to him for comparison to the prints he took from the vehicle. Wild wrote in his report that he identified one latent print on the driver’s side on the front doorframe as being a match to Ingerson’s left palm. Wild also averred that he identified another palm print that was found on the outside of the driver’s door as Ingerson’s right palm print. Wild testified that other than those of Richter, Ferris, and Inger-son, no other fingerprints or palm prints were identified as to any person who made them from the thirty-one lift cards of prints found on the vehicle. Wild testified that investigators only asked for comparison to Ingerson’s prints and those belonging to a James Henry Brown. Specifically, Wild said that he was never asked to compare fingerprints and palm prints to either Mohamed Sylla or David Kelly.

State’s Witness Kelly Nelson:

Witness number fourteen was Kelly Nelson, who testified that she is a social worker with the Texas Department of Family and Protective Services and that she was assigned to do a home study concerning Richter as a possible placement for a sixteen-year-old named Shakara Love, whom TDFPS considered an “indirect relative” to Richter. According to Nelson, Shakara had previously lived with Richter “off and on for about a year and-a-half to two years.” Nelson conducted a home study of Richter’s home in Granbury on June 18, 2008. Nelson said that she did not complete her report or make a recommendation due to Richter’s death. State’s Exhibit 74 was admitted during Nelson’s testimony. Nelson said that State’s Exhibit 74 was a list of references that Richter gave her concerning Richter’s application to be appointed as Shakara’s foster parent. One of the names on that list of references was a “Fred McKinney” with a telephone number of “214-325-6178.” Nelson testified that she did not contact all of the persons on the reference list because she learned of Richter’s death while in the process of making those calls. Nelson presented no direct evidence concerning Ingerson.

State’s Witness Madelyn Victoria Clark:

The next witness, number fifteen, was Madelyn Victoria Clark, who testified that she goes by Maddy and was twelve years old at the time of her testimony. She said that she is Richter’s daughter. Maddjfs testimony consisted of identifying a number of photographs—State’s Exhibits 85, 88, 91, 92, 95, 96, 97, 98, 99, 100, 101, and 102—and her knowledge of certain people who were in Richter’s life around the time of her death. No photograph of Ingerson is contained in these pictures. Maddy said that she was vaguely familiar with Inger-son, remembering that she once went to eat with Richter and Ingerson at a Babe’s Chicken House restaurant, that they also went to his house but did not go inside, and that he also came to their home. She presented no direct evidence concerning the charges against Ingerson.

State’s Witness Emily Shay Brewer:

Emily Shay Brewer was witness number sixteen. She testified that she was eleven years old at the time of her testimony. She said that she is Ferris’s daughter. State’s Exhibits 81, 82, 83, and 84—pictures of Ferris and Brewer—were admitted with her identification. She testified that she met Ingerson when she went with her mother, along with Richter, to Ingerson’s house. By Brewer’s account, Richter wanted Ferris to meet Ingerson. Brewer said that she went into Ingerson’s house on that occasion and observed him show a gun to Richter and Ferris. She averred that in the weeks before her mom was killed, she went with Richter and Ferris to meet with Ingerson at a restaurant named Pasta Fina. Brewer said that while at the restaurant, Ferris told her that Ingerson was “crazy.” Brewer said that she herself thought Ingerson was “creepy.”

State’s Witness Shakara Love:

Witness number seventeen was Shakara Love. Shakara testified that she was nineteen years old at the time of her testimony. Shakara related a history of having lived with various people since she was five years old, when her father became incarcerated. Shakara said that when she was ten years old, she moved in with her cousin, Brent St. Clair, who was common-law married to Richter. Shakara averred that she lived with them for one year, after which time she stayed with St. Clair when Richter left him. She said that she later lived with St. Clair and his girlfriend for two years. Shakara said that she then lived with a cousin, Crystal Tarver, and that then she was placed in foster care and lived with foster parents, Janine and Victor Franklin, for six years.

By Shakara’s account, she lost contact with Richter when Richter moved away from St. Clair. Shakara said that she and Richter came into contact again on October 14, 2007, which was Shakara’s birthday. Shakara testified that Richter was planning to adopt her at the time Richter was killed. She averred that she knew about the home study that was conducted.

Shakara testified that Richter was planning to try to make herself look better financially by borrowing money from a man named “Fred”—$10,000 or $15,000 just to put it in her bank account and make it look good—and that Richter then planned to give the money back to “Fred.” Shakara was asked if Richter had ever talked about her feelings for “Fred,” to which Shakara testified:

She told me that [he] wanted to be with her and she didn’t want to be with him. She said that he disgusted her and that he was bald, and fat, and just—he—that was her words, she told me, ‘Oooh,’ she didn’t, that she find him physically attractive or nothing like that.”

Shakara proved up photographs depicting her, her brother, and Richter, which were marked as State’s Exhibits 78, 79, and 80. She said that she exchanged text messages with Richter on Friday, June 27. Shakara also stated that after Richter’s death, she was put in a mental institution for three days.

State’s Witness Tanner Love:

Witness number eighteen was Tanner Love, who testified that he is Shakara Love’s brother. He averred that he was aware that Richter was trying to adopt Shakara. He testified that Richter told him that “Fred” was more of a friend to her than anything else, that she had feelings for another man, and that she and “Fred” were on a “friends basis.” Tanner said that he knew the other man she was dating was named Mohamed. Tanner testified that Richter told him that she was going to get money from someone and that some person was going to help her out with the financial part of raising Shakara—he guessed until Shakara moved out—and with the adoption. Tanner gave no testimony about the events of June 27 or 28, 2008.

State’s Witness Jeff Shaffer:

Witness number nineteen was Jeff Shaffer, who testified that he is a Special Agent for the U.S. Secret Service with twenty-one years of service. Shaffer said that he works investigating telecommunications fraud and digital forensics, and that he was called upon to assist in the telephone investigations concerning the deaths of Richter and Ferris. At the time of trial, Shaffer was working within the “access devices” investigative area with the Secret Service. He explained that his work related to cellphones, credit cards, and anything that accessed a good or service. Shaffer defined his specialty as being in mobile device forensics or cellphone forensics.

Shaffer explained that cellphone records allow him to access a particular cellphone number and then to determine that phone’s usage, identifying numbers called as well as numbers calling that particular cellphone. He identified State’s Exhibits 104 through 123 as information and pictures taken from Richter’s cellphone. He identified State’s Exhibits 125 through 136 as items recovered from Ferris’s phone records. Shaffer also identified State’s Exhibits 137, 138, and 189 as being phone records that showed that the last outgoing phone call made from Richter’s cellphone was dialed at 11:52 p.m., eight minutes before midnight, on June 27, 2008. Unanswered incoming phone calls were also identified as having been received but unanswered on Richter’s cellphone at 12:23, 12:29, 12:32, and 12:33 a.m. on June 28. Shaffer testified that in his expert opinion, no outgoing phone calls were made on Richter’s phone after the phone call went out at 11:52 p.m.

State’s Witness Danielle Donnelly:

The next witness, number twenty, was Danielle Donnelly, who testified that she was a nineteen-year-old student at Texas Women’s University at the time of trial. She stated that she was working as a hostess at Miyako on June 27, 2008. Don-nelly said that Richter and Ferris came into the restaurant that night and that she took a photo of them sitting at the bar. She identified State’s Exhibits 141 through 149 as pictures of both the inside and outside of the restaurant and bar as it looked in June 2008. Donnelly identified the bartender working that night as Brandon Krider. She also identified two of the bar workers as being Tom Sawyer and someone that she only knew as “Matthew.”

State’s Witness Souligna “Tom” Sou-pradith:

Witness number twenty-one was Soulig-na “Tom” Soupradith. Soupradith said that he works at Miyako as a chef and also works with the owners. He averred that he knew Ingerson as a regular customer. Sou-pradith said that he was working at the restaurant on Friday, June 27.

According to Soupradith, the people at the bar that night, including Ingerson, Richter, and Ferris, seemed like they were just talking and having a conversation. At one time during the night, Soupradith said that he heard Ingerson say, “F—tag n-g— s.” Soupradith said that he responded by looking at Richter and Ferris to see if they were offended but that they did not really pay attention to Ingerson. Soupradith later said that they “just blew him off.” Sou-pradith averred that he did not notice when the two women left, but he did say that Ingerson left with him and the other people in the bar when it closed. Souprad-ith said that he contacted the people who were in the bar on the night of the murders and requested that they contact the Granbury Police Department to give a statement. On cross-examination, Souprad-ith stated that he often heard that kind of language in the bar on a daily basis—not from Ingerson but from other customers. Soupradith said that the fact that this kind of language was used at the bar was not shocking to him.

State’s Witness Thomas Louis Sawyer III:

Thomas Louis Sawyer III was witness number twenty-two. Sawyer said that he is also known as Trey and was working as a bartender at the restaurant on the night of June 27. He averred that his shift was from 5:00 p.m. to 10:00 p.m. Sawyer said that before he left at about 9:30 or 10:00 p.m., Ingerson came into the bar and met two women who had been waiting for In-gerson.

State’s Witness Brandon Krider:

Witness number twenty-three was Brandon Krider, who indicated that he was twenty-eight years old at the time of trial and testified that he was working as a bartender at Miyako on June 27, 2008. He said that he noticed two women come in and sit down at the bar at around 9:30 p.m. He described them as “typical guests that came in, jovial, just having a good time.” Krider testified that at one point in the evening, he heard Ingerson chastising Richter about controlling her conduct. By Krider’s account, one of the other men at the bar said that Richter came over and groped him. Krider said that when he left the bar, Ingerson was standing beside Richter’s vehicle.

On cross-examination, Krider testified that either Grizzard or Briley suggested to him that he submit to hypnosis to try to better remember the details of the night of June 27, 2008. Krider said that he declined to do so. He averred that in his prepared statement to the police he wrote that “[In-gerson] could have been the wrong person at the wrong place at the wrong time for all I know, but he was the last person I saw with the ladies. That is as it is.” Krider also testified that “there were some roughness in the conversations and hostilities, but that seemed normal sometimes between people ... It didn’t seem enough to be a motive, though.” He testified that he did not see anything out of the ordinary that night between Ingerson and the women, Defense counsel questioned Krider:

[Defense counsel]: Bottom line, Mr. Kri-der—Krider, that night you didn’t really see anything out of the ordinary—I’m not referring to your statement now—you didn’t see anything out pf the ordinary about the interaction between Mr. Ingerson, and these girls or anything like that, did you?

[Krider]: No sir. I tried to clearly state that.

State’s Witness David Cole Cook:

Witness number twenty-four was David Cole Cook, who testified that he was a customer at the bar at Miyako on the night of June 27, 2008. Cook identified Daniel or William Buis as another person sitting at the bar that night. The State had put up a photograph of Richter and Ferris that had been previously entered into evidence and questioned Cook:

[Prosecutor]: And at some point did one of them grab your inner thigh or your crotch area?

[Cook]: Yes, sir.

[Prosecutor]: And which of those ladies up there was it?

[Cook]: The one on the—closest to me, the one on the right.

[Prosecutor]: Okay. And if I represent to you [that] her name is [Richter] and the other one’s name is [Ferris], would you disagree with that?

[Cook]: I wouldn’t disagree, no, sir.

Cook went on to testify that everyone in the bar got up and left at about 11:45 p.m., and he agreed that the alarms were set and the doors were locked. Cook said that when he left the bar, he went over to a friend’s car for a few minutes and then left the parking lot at approximately 11:55 p.m. According to Cook, as he walked by and said goodnight to the two women sitting in the car, Ingerson was standing outside of it. Cook testified that Ingerson never exhibited an angry demeanor. Cook confirmed that it was “all friendly and joking and in good fun and everybody was getting along.” He stated that he never saw any anger or bitterness on the part of Ingerson toward anyone. Cook testified that when he left, he shook hands with one or both of the women and with Ingerson. He testified that he did not detect any animosity, anything wrong, or any tension at that time.

State’s Witness Eric Ryan Contreras:

Witness number twenty-five was Eric Ryan Contreras, who testified that he was the common-law husband of Crystal Tar-ver and that they knew Richter. Contreras said that Richter left him a message on his phone, asking if she and Maddy could spend the night with him and Tarver so that Richter would not have to drive to Joshua, where Maddy’s father lived, and then back to Granbury. Contreras averred that he received this message “after midnight ... [ajround 12:20” on June 28, 2008. Contreras said that he returned the call to Richter immediately upon receiving the message but that she did not answer. Contreras said that he tried to call Richter a second time to no avail. Contreras said that Tarver told him that she had also tried to call Richter.

State’s Witness Crystal Tarver:

Crystal Tarver, witness number twenty-six, testified that she was Richter’s close friend. Tarver said that her brother, St. Clair, was Richter’s ex-husband and Mad-dy’s father. Tarver testified that she tried to call Richter “more than once” at approximately 12:80 a.m. on June 28, 2008, but said that she did not receive an answer. Tarver said that she left a voice message but that Richter did not call back. According to Tarver, it was unusual that Richter did not return her call.

State’s Witness Stacy Ann Dooley:

Witness number twenty-seven was Stacy Ann Dooley. Dooley said that she was living with St. Clair in June 2008. She testified that Maddy was staying with her and St. Clair on June 27. According to Dooley, she spoke with Richter several times on the evening of June 27 because Maddy was upset. She also said that Mad-dy spoke with Richter during some of these calls. Dooley averred that Richter and St. Clair agreed that Maddy would remain with Dooley and St. Clair for the night because it was late, “probably about 11:45.” Dooley said that Richter texted her that night with a message stating, “Please don’t let my baby cry.” Dooley averred that St. Clair stayed with her that entire night.

State’s Witness Marquis Cantu:

Witness number twenty-eight was Marquis Cantu, who testified that he is a Texas Ranger. He stated that he received an evidence bag, marked State’s Exhibit 157 at trial, from Grizzard and took it to the lab in Austin. Cantu said that he filled out a part of a form and listed the contents of the bag as being “khaki shorts.” Cantu said that his labeling the contents as “shorts” was a mistake on his part. He testified he did not look in the bag but was told its contents. He averred that some of the writing on the bag, which Cantu attributed to Grizzard, stating that the contents was “[o]ne pair of khaki pants,” was correct. In all, Cantu said that he took six separate bags from Grizzard to the crime laboratory.

State’s Witness Mark Dale Reinhardt:

Witness number twenty-nine was Mark Dale Reinhardt, who testified that he was a Texas Ranger at the time of the investigation. Reinhardt said that he assisted in the early part of this investigation by interviewing witnesses. According to Reinhardt, he and Cantu visited with Doris Kelly, wife of David Kelly. By Reinhardt’s account, even though David Kelly, being one of Richter’s ex-husbands, was a natural person of interest, he stopped investigating David Kelly after he and Cantu had spoken with the Kellys.

Reinhardt said that he was present during one of the police interviews of Inger-son at the Granbury Police Department on June 29, 2008. He stated that after Inger-son gave his permission to search, he searched Ingerson’s vehicle and found State’s Exhibit 152, a receipt from Pennzoil Kwik Kar for service done on Inger-son’s Mazda Tribute. The receipt was for service on June 28, 2008. Reinhardt said he also received a Crimestopper call about a man named Christopher, who claimed responsibility for the murders of Richter and Ferris. Reinhardt said that he spoke with Christopher and determined he had made up the story of his involvement in the murders because “he wanted to be a big boy around his friends.”

State’s Witness Rose “Sissy” Cardwell (Recalled):

Rose “Sissy” Cardwell was recalled as the next witness. She had previously testified as witness number eleven.

Cardwell testified that she spoke with Richter after Richter came back from having lunch with Ingerson. She said Richter told her that Ingerson gave Richter $10,000 to put into her account or that he put $10,000 into her account. When asked, “What for?,” Cardwell said that Richter said that she needed money in her account to show CPS that she was financially stable to take custody of a child. Cardwell said that she knew Richter was wanting Shakara to move in. Cardwell admitted that she never saw the money and did not know for sure that Richter received it from Ingerson or ever put into an account. Cardwell testified that she told Richter that “if she wasn’t interested in [Ingerson], to not lead him on, and don’t accept dinner invitations or lunch dates or anything from him, because it wasn’t fair to lead him on if she didn’t have the feelings that he did.” She testified that Richter said, “[W]ell, he’s funny, he makes me laugh.”

On cross-examination, Cardwell averred when confronted with bank records from Richter’s bank account, that the records show no $10,000 deposit and that the records show that on June 23, Richter had no money in her account. Cardwell then corrected her testimony to say that Richter told her that Ingerson gave her $10,000 to put into her account but not that Richter ever put the money into the bank account.

State’s Witness Richie Haught:

Granbury Police Department Detective Richie Haught was the thirtieth witness. Detective Haught said that he assisted in the early stages of the investigation and contacted “Tom,” whom he referred to as the manager of Miyako, to get his assistance in getting the people who were at the, restaurant on the. night of June 27 to meet with Haught at the police department. Haught said that he interviewed the witnesses who showed up. According to Haught, Ingerson did not come to the police department on Saturday, June 28, 2008, at the time when the other witnesses came but that instead, Ingerson showed up at 8:00 p.m. and gave a voluntary interview, a recording of which was admitted as State’s Exhibit 165 and played to the jury. Detective Haught identified State’s Exhibits 158 through 163 as photographs, taken just days after the murders from a helicopter, showing the scene of the murders and the surrounding neighborhood.

State’s Witness David Cole Thomas:

Witness number thirty-one was David Cole Thomas, a resident of Johnson County, Texas. Thomas said that he, his wife April, and their children spent the night of June 27, 2008, at the Kellys’ home. Thomas testified that David Kelly, one of Richter’s ex-husbands, did not leave the home that night. They were also there when the Texas Rangers came to interview David and Doris Kelly on June 28, 2008.

State’s Witness April Thomas:

Witness number thirty-two was April Thomas, who testified that she is David Cole Thomas’s wife. She said that she was also at the Kellys’ home on the night of June 27. She testified that she is a very fight sleeper and that she did not hear anyone leave the home that night after everyone went to bed.

State’s Witness Saundra Jay Schaad:

Saundra Jay Schaad, witness number thirty-three, testified that she operated a business in Granbury known as Kwik Kar Lube and Tune. Schaad testified that State’s Exhibits 152, 155, and 156 showed that Ingerson brought his automobile to Kwik Kar for service on Saturday, June 28, 2008, at 11:30 a.m. By Schaad’s account; Ingerson’s vehicle received a full-service oil change including a hood check, a tire check, a fluids check, a window cleaning, and a vacuum of the vehicle. According to Schaad, the exhibits demonstrated that all these services were done by a Kwik Kar employee named Scott Wayman. Schaad stated that Ingerson had mentioned to her when he picked up his car that he had broken up with a girlfriend over her drinking habits. Schaad said that he thought this was an unusual conversation because Ingerson had never before discussed his relationships. Schaad said that Ingerson’s brother, Don Ingerson, also brought his vehicle in for service earlier in the morning on the same day as Ingerson.

State’s Witness Adam Unnasch:

Witness number thirty-four was Adam Unnasch, who testified that he is a Research Specialist with the Texas Department of Public Safety. He stated that his work involves providing in-depth telephone analysis and that he works with the unit within the Department that is known as the Telecommunications Research Analysis Center. Unnasch testified that he prepared State’s Exhibit 167, which he described as a record of the number of outgoing and incoming calls and text messages between two telephone numbers belonging to In-gerson and various other persons in 2008. Exhibit 167 shows 264 total calls and text messages exchanged between Ingerson and Richter from May 8, 2008, to June 27, 2008. The same exhibit shows 355 combined telephone calls and text messages between Ingerson and Lynn Harper during May and June 2008. This witness confirmed that the last outgoing telephone call made on June 27 from Richter’s phone began at 11:52 p.m. and that a voicemail message was left. He stated that there were four incoming calls made to Richter’s phone on June 28, 2008—one at 12:22 a.m. from Eric Contreras, unanswered; another call from the same number at 12:29 a.m., unanswered; and two phone calls from Crystal Tarver to Richter—one at 12:32 a.m., unanswered; and one at 12:33 a.m., unanswered but a voicemail message left.

Unnasch testified that no phone calls were answered or returned after 11:52 p.m. on June 27, 2008, on Richter’s phone. Unnasch testified that from the map record portion that locates cell towers for cellphone contacts, Ingerson was shown to have made a call on his cellphone at 12:16 a.m. from a cell tower in Granbury, Texas, to Lynn Harper—lasting two minutes. The same map record reflects a second call from a different cell tower—at 12:42 a.m. to-Lynn Harper—lasting one minute.

Unnasch also testified that through the cellphone map record, he was able to trace Mohamed Sylla’s movement on the night of the murders. According to Unnasch, the map indicated that Sylla had made a call in the vicinity of Marshall, Texas, around 8:00 p.m. Unnasch said that Sylla’s calls increasingly got closer to Granbury. The exhibit shows that Sylla made and received a call within Granbury just after 11:16 p.m. Unnasch averred that Sylla made an outgoing call at 11:58 p.m. and received an incoming call at 11:55 p.m. and then did not receive or make another call until nearly 2:30 a.m. on Saturday. Unnasch said that Sylla’s movements from there could be traced through his cellphone usage and that the movement displayed that he had driven from Granbury to Dallas/Port Worth International Airport.

State’s Witness Mohamed Sylla:

Mohamed Sylla was witness number thirty-five. He testified at trial that he was a thirty-three-year-old African-American who was born in Ottowa, Canada, and lived in an apartment in Granbury at the time of the murders. He stated that he had been convicted of the crime of organized criminal activity in Texas and was sentenced to eight years in a Texas penitentiary, of which he served two years. Sylla said that he met Richter at the tax office when he came there with his coworker, who was buying license plates. He testified that he got Richter’s telephone number the first time that he met her, that he later called her to go out on a date, and that their relationship ultimately became a sexual one. Sylla said that he met Richter in early 2008 and that he was in contact with her by phone on the night of her murder.

According to Sylla, he had been out of town on June 27 for work and was driving back to his apartment from Louisiana. Syl-la said that while he was out of town, two female friends who were in their early 20s—Casey Turner and Kristina Scott— were at his apartment. Sylla stated that he had left a key with Turner so that the two women could decorate his apartment. By Sylla’s account, he had an intimate relationship with Turner, but Scott was merely a mutual friend of his and Turner’s. Sylla said that he called Turner when he got to Fort Worth from Louisiana to tell her that he was on his way.

Initially, Sylla averred that Richter did not know that he would be back in Gran-bury and that he had not received any text or voice messages from her that day. But when shown text messages that had come from his phone to Richter’s, Sylla said that he would not dispute that the texts were from him and that the two had communicated by text that day. Sylla averred, however, that he never indicated to Richter that he would be back in town and that he had specifically contacted Turner, who he said he was more interested in contacting. By Sylla’s account, he preferred Turner’s romantic liaisons over those of Richter. And, according to Sylla, Richter’s romantic interest in him exceeded his romantic interest in her.

Sylla said that he got back to his apartment between 11:00 and 11:30 p.m. He averred that he then visited with Turner and Scott, rested awhile, and packed for a trip he was making to Virginia leaving from DFW Airport that morning. He said he was going to visit his aunt and his sister. Sylla said that he left his apartment between 2:00 and 2:30 a.m.

Sylla said that while in Virginia, Briley called him on Saturday, June 28, and asked that he go to the nearest police station for an interview, which he did. Syl-la stated that it wasn’t until his drive to the Virginia police station that he was informed that Richter had been murdered. Despite learning this, Sylla said that he attempted to call Richter.

Sylla said that he later spoke with Griz-zard and Briley when he returned from his Virginia visit. Sylla also said that he was scared because there was talk in the community that there “may have been something racial going on that caused [Richter] to lose her life.” Sylla said that he was concerned that he was a suspect.

On cross-examination, Sylla elaborated on his previous conviction. He said that he was paroled after two years and was still on parole in June 2008.

Sylla averred that the vehicle he drove to the airport was a sand-colored Cadillac Escalade, a vehicle he had purchased a few weeks prior to the murders. Sylla initially stated that he owned the Escalade for “[pjrobably a year.” He admitted later that, roughly five months after he purchased it, he had placed the Escalade on consignment with the dealership that he had bought it from.

Sylla also changed his story multiple times about when and who told him about Richter’s murder. At times in his testimony, he averred that Briley had informed him when Briley called him in Virginia. At other times, Richter averred that a coworker called him as he drove to the Virginia police station and informed him that Richter had been murdered. Sylla also changed his story multiple times regarding who had called him first, Briley or his coworker. Ultimately, Sylla said he could not remember who called him first and simply stated that he was “standing by [his] testimony.” Sylla was equally confused as to what either caller had told him. At one point Sylla seemed to have said that he had deduced that Richter had been murdered because Briley had told him something bad had happened to Richter and his coworker had reported seeing a coroner’s vehicle near Richter’s vehicle on Saturday morning. But then Sylla said that he may have learned about Richter’s murder from this coworker, who learned about the murder on the Internet.

State’s Witness Casey Turner:

Witness number thirty-six was Casey Turner, who testified that she was twenty-four at the time of trial. Turner said that she met Sylla while he was a customer at a UPS store where she and Scott worked. Turner testified that she and Scott had been decorating Sylla’s apartment while he was out of town. According to Turner, Sylla got to his apartment on June 27, 2008, between 11:10 and 11:15 p.m. and then he left between 2:00 and 2:30 a.m. to go to the airport for a trip. Turner said that Sylla’s flight was “really early in the morning [for him] to go to a job.” Turner also said that Sylla did not take a bag with him to the airport. She testified that even though she had gone out to eat with Sylla on occasion, she repeatedly denied that the two had ever been sexually intimate. She also denied that the reason Sylla drove home before flying out was specifically to see her. Turner said that she did not know Richter or Ingerson.

State’s Witness Kristina Scott:

Kristina Scott, witness number thirty-seven, testified that she was twenty-one years old at the time of trial. She stated that she and Turner were at Sylla