Aug 12, 2014

How to work for the defense as a prosecution witness; starring Benjamin Carter's sister-in-law

This morning Margaret Bitter testified at the preliminary hearing for Benjamin Carter. There are two other posts and this one is just an excerpt of her testimony this morning.

Fortunately for her, the Judge appointed her a lawyer.

Her testimony started with the basics. Benjamin Carter is her sister's husband. Sister Melinda is also in custody. All four of them were hanging out at Margaret's friend, Tommy's house, somewhere in Connick Creek. Bbqing hamburgers and "hanging out."This was on April 16, 2014.

The date becomes more relevant because law enforcement was not notified of this possible homicide until April 18, 2014, according to Carter's lawyer.

Testimony jumps to Margaret getting texts from Zach, the victim. He is texting her because he "wants his shotgun from Ben." Zach is someone Margaret used to date. He is also miffed because he does not want her hanging out with Tommy. Margaret tells Ben about Zach's texts. She says Ben is not too concerned and says, "let him come over."

Eventually, Zach texts her and shows up. We learn they are not at a house but a trailer. She tells everyone Zach is on his way. "Both Ben and Tommy disappear." She does not know where they are.

Enter Zach and he has a handgun. Margaret and Melinda are sitting on the bed. According to Margaret, at this point, "Ben came running in behind" Zach. Zach spins around and points his handgun at Ben and Ben has a sawed off shotgun he is pointing at Zach's chest.

"Ben said something to Zach,  I don't recall what," said Margaret. "I just heard him saying Oh yeah, Oh yeah." Then according to her Zach "made a nervous chuckle."

Then, Ben shot Zach, who fell on the floor. According to Margaret, he looked at Ben with a ?, "like what are you doing?" Zach grabs Margaret's leg as he is falling on the floor, but she said Melinda pushes Zach on the shoulder towards the floor.

Ben grabs Zach's jacket and drags him toward's the front door.

"Was Zach alive?" asked DDA Luke Brownfield.

"I don't believe so," responds Margaret.

"I was sitting there in disbelief. Thinking why it went that way," said Margaret. She does not recall what happened after that but at some point she walks out the front door. She claims she hears Ben ask Tommy to help him with Zach's legs and Tommy says no. Since Ben just shot Zach, who she says was like a brother to Ben, she is unsure of how he will react so she offers to help Ben. She helps Ben load Zach's body into the back of the truck. She thinks Melinda and Ben went somewhere in the truck, she has no idea, she thinks Ben may be driving the truck.

She tells Tommy to get her puppies and that she wants to leave.

At this point, Det. Franco, the lead investigator sitting next to Mr. Brownfield scribbles something and then Mr. Brownfield asks Margaret if there was a fire. She then remembers there was a campfire where they cooked the hamburgers. Margaret does not recall how but Zach's coat was thrown into the fire; she cannot recall who threw it in the fire.

Suddenly, she does recall that when Melinda and Ben left, one person drove the truck and one person drove Zach's car. She claims she overhead someone, she cannot recall who, say, "they were going to get rid of Zach."

And before they left, she took a shower and changed her clothes in the trailer. She did not say whether this was right after Zach was shot, when she helped Ben load Zach's body in the truck or at what point before they left.


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