James Lamar Watson Jr., convicted of murdering his wife Beverley after
he reported her missing from their east Fayette home in January 1997,
got another day in court Tuesday.
Watson's lead defense
attorney, Lee Sexton, argued to the Georgia Supreme Court that several
witnesses in the Fulton County trial should
not have been allowed to testify, largely due to a recent decision from
the U.S. Supreme Court regarding the admissibility of hearsay testimony.
Sexton asked the justices
to overturn the jury's guilty verdict
in the case. But Fulton County Assistant District Attorney Christopher
Quinn argued there was enough evidence to convict Jim Watson of murdering
Beverley Watson, including eyewitness accounts where Jim Watson threatened
his wife with a gun on two previous occasions.
Watson was convicted in June 2002 of murdering his wife, Beverley, whose
remains were found in a rural wooded area off Red Mill Road in south
Fulton County over two years after she disappeared.
In court Tuesday, Sexton argued
that the testimony of three of Beverley Watson's close friends should be declared invalid because "they
all got together and discussed what they were going to tell the police" before
they were interviewed by detectives.
Three of Beverley Watson's close friends - Debbie White, Krista
Hinkle and Ellen Lord - testified at the trial that Beverley Watson
told them her husband threatened to kill her and hide her body where
it would never be found.
"Jim never had the opportunity to confront Beverley about what
she told these people each of the two times she was filing for divorce," Sexton
said.
Quinn said defendants can waive the opportunity to confront witnesses
when it is determined they killed or threatened to kill those witnesses.
He also argued that the state proved Beverley Watson was unavailable
to testify by producing evidence that identified her remains through
dental records.
"He stalked her for years. He abused her for years," Quinn
said, later adding that the stalking and abuse stopped after Jan. 18,
1997 because Jim Watson knew his wife was dead.
Sexton questioned the credibility of witnesses White, Hinkle and Lord
since none of them ever filed a police report or called the Department
of Family and Children Services to report abuse in the Watson household.
Sexton also said the court
should overturn the verdict based on the hearsay testimony from a Fayette
County sheriff's deputy who responded
to a call at the Watson's home Aug. 3, 1994. Dep. Steve Borders
testified that Beverley Watson told him "that Jim kicked her and
tried to force her out of her vehicle," Sexton noted. "...
And that Jim very quickly became violent."
Sexton said that testimony also would have been barred from trial under
the new decision from the U.S. Supreme Court. Quinn argued the testimony
would have been allowed because the statement Dep. Borders testified
to was not a formal statement. Borders never filed a written report or
an official statement from Beverley Watson at the scene, Quinn noted.
If the court overturns the
jury's verdict, there isn't enough
evidence left for Watson to stand trial on the murder charges, Sexton
added.
The Watsons' daughter Ashley was ill and could not attend the hearing.
In a written statement, she said she stands behind her father because "I
never had one doubt that he was in any way responsible for my mother's
death."
If she did have doubts, Ashley
Watson said she would not support her father "because she (Beverley)
is my mother and I love her, too."
Watson and his family have published a Web site, www.jimwatsonframed.com,
to publicize their viewpoint on the case, alleging that numerous witnesses
in the case lied to secure the conviction.
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