6 Citizens Journal, Sunday, March 14, 2010

DEFENSE
Continued from 1

Department, police
department and dispatch
received the 9-1-1 call at 7:50
p.m. and paramedics and
police were dispatched to the
scene. The report said
Mayfield stated upon arrival,
emergency personnel found
Moulton waist-deep in the
water cradling Becky.
Earlier testimony showed
when emergency personnel
arrived, Moulton flagged
down paramedics and led
them to the pond where his
wife’s upper body was out of
the water and lower half in
the water.
According to the narrative,
Mayfield stated at the time
Moulton was being
investigated for possible
involvement in Becky’s
death. West said at the time
of the narrative, only a death
investigation was being done.
The narrative also states
Mayfield had reports of a
long history of domestic
violence through the Atlanta
Police Department; however,
West said this was not true for
APD, but he did not know
about other agencies.
Shelton also asked West
about a portion of the
narrative that said Mayfield
spoke with Becky’s brothers,
who told him of domestic
violence incidents. West said
he was “not privy to any
conversation between the JP
and her brothers” but he did
take their statements.
On cross examination,
District Attorney Clint Allen
asked West about speaking
with the individual who wrote
the narrative and where the
information came from.
“It didn’t come from me,”
West said.
At the time the document
was created, Becky’s cause of
death was listed as
undetermined.
Allen asked West about
statements he took, including
one from Janet Giles, who
said Moulton was controlling
and wouldn’t let them
associate. Giles also said in
her statement that while
visiting Becky she noticed
her black eye and when she
asked Becky about it, Becky
told her Moulton had done it.
After their home burned in
2002, Giles said in her
statement she received a call
from Becky, who was crying
and telling her Moulton had
written her a letter stating she
was an evil, wicked,
despicable woman and she
“did not deserve to be loved.”
Giles also said in her
statement that Becky was a
“very strong swimmer” and
was not one to wander in the
woods.
Allen confirmed that West
took a statement from Jessica
Jeffcoat, Becky’s niece.
In Jeffcoat’s statement, she
wrote she and her sister
stayed with their aunt and
after reading stories with
Becky, she and her sister went
to the pond. Jeffcoat said in
the statement they asked
Becky to go with them but
she declined. “My aunt didn’t
like the outdoors,” Jeffcoat
wrote in her statement.
West said he took those
statements and numerous
others. “When we received a
name of someone who might
have information, we did our
best to try and talk to that
person,” he said.
When the defense took
over questioning again,
Shelton asked West about the
defendant.
“Was the defendant
cooperative and didn’t he
invite you into his home?”
Shelton asked.
West agreed and said where
he was in the home he could
see no signs of a struggle
while he was there.
Shelton also questioned the
validity of statements West
took and the possibility that
those who gave statements
weren’t being “totally
honest.” He also asked if
West had contacted
Moulton’s daughters for
statements.
West testified he had
spoken with Jamie Hartsell
but he didn’t feel she had any
information beneficial to the
case.
Shelton went on the
question the investigation and
the fact the crime scene was
not secured when they were
faced with the death of a
“healthy 41-year-old
woman.”
West said they had “no
probable cause to secure the
scene” and they didn’t feel a
crime had been committed at
that time.
The defense brought in
Raul Gerardo, a forensic
scientist with the Texas
Department of Public Safety,
who shared his thoughts
about the crime scene
investigation.
He said the scene should
have been treated as a
homicide investigation from
the start so investigators
could collect uncontaminated
evidence to prove or disprove
the crime. Gerardo said the
scene should have been
secured immediately.
Based on the investigation
that was done, Gerardo said
he would agree with the first
autopsy report that stated
Becky’s cause of death was
“undetermined.”
Under cross examination,
Allen asked if he’d ever
worked a contaminated crime
scene. Gerardo said he had
worked a scene that was
contaminated and he
conceded he was able to get
evidence for prosecution in
the case.
The next witness called in
by the defense was Monique
Irwin, Moulton’s daughter,
who testified she didn’t recall
seeing Becky wear jewelry.
This question was a reference
to a pair of diamond-stud
earrings and an emerald-
crested cross necklace that
previous witnesses said
Becky was wearing on the
day of her death.
Irwin said she didn’t recall
Becky wearing jewelry, but
she may have worn earrings.
“I never saw her wearing a
necklace,” Irwin said.
When questioned about
Becky being “outdoorsy,”
Irwin said nine times out of
10 when she went to visit the
Moulton home Becky was
outside in the garden or
walking.
Irwin also testified she had
never seen bruises on Becky.
Shelton asked Irwin about
her father leaving the hospital
to go home the night Becky
died while other family
remained. Irwin said Becky’s
brothers were confronting her
father and making
accusations. “I told him it
would be best for him to
leave,” Irwin said.
She was asked about his
work habits and Irwin said
“he always had a job. If he
couldn’t find work, he made
work.”
Moulton’s spending habits
were also questioned. “He
was not a big spender. He
always drove an old ragged
truck,” Irwin said.
The defense rested its case
on Tuesday, with closing
arguments held Wednesday.

ISSUES
Continued from 1

document must be in writing
in accordance with state and
federal guidelines.
“This issue and a couple of
more are pending
investigation with proper
authorities,” McMichael said.
During a meet-the-
candidates political forum
held at Fairview Community
Center near Linden on Feb.
21, Kessler said he asked
McMichael if the county had
borrowed any money from
banks “to finance routine
operations.”
County judge candidate
George Fite cited forum
questions and answers in
advertisements in the
Citizens Journal and other
area newspapers. Fite’s
political advertisement,
published in the Journal on
Feb. 28, included a copy of
the promissory note at Texana
Bank in Linden. The amount
of the promissory note at the
bank, dated Dec. 16, 2009,
was $184,473.77.
The advertisement states:
Question from Audience
(Kessler): “This question is
for Judge McMichael. If the
County is in such good
financial shape, Judge, why
are we borrowing money to
finance things like phones?”
Judge McMichael: “We
didn’t borrow money.”
Questioner: “Let me be
sure you understand my
question, Judge. Are you
saying the county did not
borrow money to finance the
phone system?”
Judge McMichael: “Cass
County did not borrow any
money.”
Per the Journal’s news
coverage of the Dec. 14,
2009, meeting, McMichael
was not present at that
meeting due to a recent hip
surgery but commissioners
discussed at length the fact
they had previously borrowed
approximately $143,000 for
the new phone system but that
since county offices had
moved from the old
courthouse to the new, there
had been $40,000 worth of
change orders, bringing the
total cost of the system, on financial situation of the medical leave until after the motion to finance the phone
that date, to $184,473. county. first of the year, suggested system was in September
County Auditor Tammy “Let’s pay the bill and ask Cothren, county maintenance 2008, when McMichael was
Wells told commissioners department heads if they have supervisor Keith Fuller and present.
during the meeting that, due any tech funds available to Wells form a committee to
to the increased cost of the help pay for these changes,” investigate which THE COURT voted
system, the county’s annual Cothren was quoted as departments contracted for unanimously Monday to
payment to Texana had gone saying. additional phone equipment accept the resignation of Troy
from approximately $27,000 After some discussion, and see if any had tech Buzbee, a commissioner of
to $42,799.08 and the first commissioners then voted to funding to help pay for the Emergency Services District
payment is already overdue. “proceed with a budget upgrades,” per the December #2, effective March 31. Upon
Cothren, commissioner of amendment of $15,799.08 to 2009 story. Cothren’s recommendation,
Precinct 3, noted during the pay the first payment to The story did not state commissioners then
December meeting that a Windstream. (Commissioner commissioners were approved the appointment of
committee of county Max) Bain, acting as judge financing the loan for the first John Horton to fill Buzbee’s
employees had negotiated the because County Judge time on that date, but it also unexpired term. Horton will
phone deal and he knew there Charles McMichael is out on did not state the original begin serving on April 1.
would probably be some
changes once county offices
got situated in the new
building but he had no idea
the changes would amount to
Thank You to the
more than $40,000.
Per the Journal’s story
published Dec. 16, 2009,
Citizens of Cass County:
“Cothren reminded the court
the county borrowed the
money from Texana Bank in
Linden and the money is was
available for the first
payment, but he wanted
department heads to know the

My wife Pam and I would like to thank

you for re-electing me as your Cass County
Judge for another four years. My door will
always be open.
You can be assured that I will continue
to keep your best interest in mind. We have
a bright future in Cass County, and I feel
blessed to be able to continue serving as
your judge.
Thank you and may God bless you and
your families.
Courtesy Photo

Learning About Money Charles L. McMichael

Darlene Waites from Texar Federal Credit Union presents a lesson on money values to Cass County Judge
second graders at J.K. Hileman Elementary School in Queen City. After discussing
currency sizes, shapes and values, students participated in a money-counting game to Pol. Ad paid for by Charles McMichael, 3273 CR 1132, Linden, Texas 75563
reinforce the information they learned.