Live Wire - WMUR Ernie Willis Trial Day 2

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Trial Of Ernest Willis Continues

News 9's Amy Coveno Providing Updates From Court
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Amy says the trial is on a 15-minute delay this morning

by Kevin Clay/Staff at Tuesday, May 24, 2011 10:10:04
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She will begin the updates when the trial gets underway.
Who's Blogging
David Sakowich/WMUR Staff Kevin Clay/Staff Kirk Enstrom/Staff Amy Coveno / WMUR Staff David Hurlburt/WMUR Staff
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Good Morning. There has been a delay in the start of the trial due to the probation hearing on a different case in this same courtroom.
by Amy Coveno / WMUR Staff at Tuesday, May 24, 2011 10:29:33
Lots of negotiating for seats here in Courtroom 1 at Superior Court. More media has arrived today.
Recent Liveblogs
At one point Attorney David Gibbs III who we are told is here on behalf of the Fundamental Baptist Church was seated next to where the victim Tina Anderson was sitting. Prosecutor Wayne Coull worked to rearrange the seating and move Gibbs further down the bench from Anderson.
Christine Leaf is on the witness stand. We are waiting for the arrival of the jury and Judge SMurkle.
The jury has just arrived and so has the judge. Prosecutor Wayne Coull is continuing his direct examination of Christine Leaf who is Tina's mother. Tina testified that the two do not have a relationship at this point.
"Who is Barbara Kingsbury?" Coull asks. "My sister-in-law." Christine Leaf answers.
Is there no video for this case?

by Nichole at Tuesday, May 24, 2011 10:48:30
http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]
@Nichole We do not have video for this case

"Do you deny that people were trying to reach out to Tina when she was sent to Colorado?" Christine Leaf: no. People were trying to put their arms around her.
Now Coull is asking about Pastor Phelps role in the decisions made after Tina disclosed that she was pregnant and the father was Ernie Willis.
Christine Leaf is now answering questions about the apology from Ernie Willis to Tina- "He apologized for having sex with my daughter," Said Leaf. This happened at the Phelps home.
Leaf is testifying that she has no recollection of time because it was 14 years ago and a 'difficult' time. The prosecutor is asking yes/no questions to Leaf about her decision to send Tina away during her pregnancy.
Leaf admits in court that she told Concord Police that Tina Anderson did NOT want to talk with them.
Tina's brother Tom Dooley is in court today. He just left the courtroom, seemingly, upset. His mother is testifying about how "Tina was mean to her when she was pregnant and called her a 'ditz'.
State: You made no effort to follow up with police did you? Christine Leaf: Why should I? They have the information.
The prosecutor is now presenting a letter that is posted on Dr. Chuck Phelps website. Christine identifies it as the letter. She says it was sent for the 20/20 program about this case.
State: in that letter you say that Tina is out for money. Leaf: yes. State: But Tina never asked for money. Leaf: That's not true. She needed money for the down payment of a house and we sent her some money from a worker's comp settlement. She paid back half.
Christine Leaf: This whole trial is supposed to be about Ernie Willis, not me. She isn't interested in getting even with him.

Tina Anderson is quietly weeping during her mother's testimony.

The state has handed this witness over to the defense who is now conducting cross examination. Donna Brown is asking Mrs. Leaf about a 1997 meeting where Tina told her she was pregnant. Tina said it was consensual, correct? Christine: She never said that to me but she never said it was rape.
Thanks for your updates!

by BrewCity_Fisk at Tuesday, May 24, 2011 11:04:12
Christine Leaf: Tina did not want me to report this to the police. She yelled at me. Donna Brown: If she had said she was forcibly raped you would have gone to the police. Leaf: yes.
@BrewCity. You are welcome!

Brown: You didn't push it with police was because Tina never said it was forcible rape. Leaf: Correct.
Amy- is the cortroom full today? And did Tom Dooley return?
by Amy is there any room in... at Tuesday, May 24, 2011 11:08:35
The courtroom is very full. Tom Dooley has not yet returned.
Christine Leaf says she has a bachelor's degree in criminal justice as well as an MBA so when her daughter claimed that Daniel Leaf 'touched her sexually' Christine said she knew she had to report her claim.
Pastor Phelps was involved with the incident with Mr. Willis because he was called by someone else. Pastor Phelps did not run my daily life, says Christine Leaf.
Pastor Phelps had no authority to tell Tina to go to the prison to forgive Daniel Leaf because DCYF was in my life, says Christine Leaf.
Attorneys are now having a sidebar discussion with the judge.

Ernest Willis is seated at the defense table, his face does not reveal any emotion.
The jury of eight men and six women appears rested and attentive.
Donna Brown is asking Christine Leaf to explain her statement that she believes her daughter is 'out for money'. From either the church and/or Pastor Phelps.
The state now has the witness on re-direct. No matter what, a crime occurred, right? Yes, sir, answers Christine Leaf. Leaf says police had reports by two people. State: did you think it was in your daugther's best interest to NOT speak with police. Leaf: I didn't ask them to NOT speak with her.
Leaf: I can't force my daughter to do anything. Prosecutor Coull: Except force her to move to Colorado to live with strangers and be away from her family and friends. Leaf: It was the right thing to do.
Christine Leaf has been excused. Now Barbara Kingsbury is now on the stand. She is married to Jerry Kingsbury, they live in Boscawen. She says she was born in NH. Barbara says she has two children, 25 and 33 years old. She says Tina Anderson is her niece.
Barbara is telling the court that Tom and Tina came to live with her after Christine Leaf realized there were marks on the kids and she didn't want Arizona authorities to take the kids so she wanted to get them out of the same house with her husband, Daniel Leaf.
Tina Anderson is seated in the front row and is nodding at this testimony at times as if she agrees.
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Cross examination underway now of Barbara Kingsbury. Tom Dooley has taken his seat in the courtroom again.

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The cross by defense attorney Brooksley Belanger was brief. She questioned the closeness of the relationship between Christine Leaf and Barbara Kingsbury. Kingsbury has been excused. We are now waiting on the next witness.
Who's Blogging
David Sakowich/WMUR Staff Kevin Clay/Staff Kirk Enstrom/Staff Amy Coveno / WMUR Staff
Matt Barnhart is now on the stand. He is a business owner, he delivers Pepperidge Farm Bread.
David Hurlburt/WMUR Staff
Recent Liveblogs
His wife is Chrisine Barnhart. They have four children. He formerly worked for Fidelity Investments. He is a former member of the Trinity Baptist Church.
Matt Barnhart is recalling the discipline service at Trinity Baptist Church where Ernie Willis admitted to being unfaithful to his wife and Tina Anderson admitted to being pregnant and apologized for allowing a 'compromising situation.'
Matt Barnhart is excused. We are now waiting for the next witness to be called. The judge has called counsel to the bench.
Christine Barnhart, Matt's wife is now being sworn in. They have been married nearly 19 years. She says she was a member of the Trinity Baptist Church in 1994 they joined. She helped with the nursery and the Kiawana program that teaches the kids bible verses. She taught the four year olds.
Christine is recalling meeting Tina Dooley(now Anderson)
She describes her as a social butterfly and this makes Tina smile a little court.
Christine recalls Tina 'quiet' in 1998. She was present for the admission from Tina at the end of a church service. They called it "church discipline".
Christine says Ernie Willis and Tina Anderson were brought forward to the front of the church. She says pastor brought Willis first- he was disciplined for a marital affair. She believes just Pastor Phelps spoke. Then Tina was brought forward, she was disciplined because she was pregnant. She was spoken for says Christine, Chuck Phelps did the talking.
Christine says she was mortified. She says they were presented as two separate events.
No cross examination of Christine, she is excused. The fifth witness of the day is Dawn Fisher. She lives in Concord NH, of and on for ten years. She is 30 years old with two children. Her husband works for State of NH in weights and measures. This witness smiles easily.
Dawn Fisher says she went to Trinity Christian School with Tina Dooley ( Now Anderson). She says there were 12 students in her graduating class.
Dawn says the church and the school were a big part of her life growing up and that she was taught that pre marital sex was absolutely forbidden.
She says it was something that was understood, that it wasn't 'pounded over our heads'. Dawn Fisher is recalling knowing Ernest Willis. She is now recalling being asked to leave the church at the end of a Sunday evening service.
Christine Barnhart has been excused, no cross examination. We are now waiting on the next witness.
are they not breaking for lunch ?

by KP at Tuesday, May 24, 2011 12:13:58
The sixth witness of the day is Frances Earle. She has a grown son and two grandchildren. She is retired. She has apartment rentals that they own in the city. She does accounting and office work for the rentals.
@KP I imagine they'll break around 12:30 as they did yesterday.

Frances is recalling knowing Tina Dooley(Anderson) from Trinity Baptist Church. Frances was the church clerk for 14 years.
Frances left the church ten years ago.

Frances says she met Tina when she was 7 or 8 years old.
Frances is being asked to recount the discipline session at the church involving Tina and Ernie Willis. Frances says Ernie's wife got up and left and Pastor Phelps got up in front of the church and explains to the congregation that Ernie Willis has been unfaithful to his wife. I was stunned says Frances and she asked her husband why is that our business...that should be worked out between them and not the congregation.
"Pastor Phelps said it was very unusual to have two types of discipline on one night and then Tina got up and they made her read a letter aloud." Frances Earle testifies. Frances says never did Pastor Phelps say the two were connected. Frances says Tina looked scared to death.
We are now breaking for lunch. Court will reconvene at 1:30. We are signing off until that time.
We are back inside Courtroom 1 here at Superior Court in Concord. We're told that Pastor Phelps will testify next. The gallery is very full. We've been advised there could be a strong reaction from many in the gallery during Pastor Phelps' testimony.
Counsel just left the courtroom. We're not sure what the delay is about.
We are still waiting for the trial to reconvene.

Defense Counsel has just returned to the courtroom, Ernie Willis is taking his place at the defense table. Prosecutor Wayne Coull is coaching the gallery telling them this will probably be an emotional moment when Pastor Phelps takes
the stand. Many have not seen him for years. The prosecutor warns the gallery to refrain from any emotional outburst as that could prompt a mistrial.
Pastor Chuck Phelps is taking the stand now. But the Jury is not here yet. The prosecutor has some 'housekeeping' questions to address with Phelps ahead of the jury's arrival. He was Senior Pastor in 1997 of Trinity Baptist Church in Concord.
Pastor Phelps is defining "congregational governance" to the court saying he had not control over the finances and other fundamental elements of the church. He says there were 600-700 parishioners in 1997.
Pastor Phelps is recalling a distress call that had him and his wife respond to the Leaf home for a meeting with Tina Anderson, her mother and other. He learns that Tina is with child from Ernie Willis. Tina was 16 at the time of disclosure. He realizes she may have been 15 at the time of conception.
The next day Pastor Phelps says he reached out to Ernie Willis.
Phelps is recounting confronting Ernie Willis with the information. He says Ernie told him what happened. Phelps was conducting a bit of an investigation about the behavior that some of his parishioners were engaging in.
Phelps is recalling additional conversations with Tina, his wife and her mother were present as well as additional meetings with Ernest Willis.
Ernie confessed to his wife abut sexual activity outside of marriage with Pastor Phelps and his wife present.
Ernie Willis and his wife are since divorced according to those close to this case in the courtroom.
Is there a place to view yesterday's coverage?

by NhNative at Tuesday, May 24, 2011 14:12:25
@NhNative Here is the link: livewire.wmur.com

Is all this happening with the jury still absent?

by NHlover at Tuesday, May 24, 2011 14:13:02
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The trial of Ernest Willis, who is accused of raping and impregnating a 15-year-old fellow church member in 1997, continues today. See yesterday's coverage
Who's Blogging
David Sakowich/WMUR Staff Kevin Clay/Staff Kirk Enstrom/Staff Amy Coveno / WMUR Staff David Hurlburt/WMUR Staff
@ NHlover, actually yes. We are not sure why or when they will be brought in.
Phelps: Ernie told the congregation that he violated his marital vows.
Recent Liveblogs
The Dr. Chuck Phelps.com website is now being discussed particularly with reference to this case. Phelps says he is trying to protect himself and his family from death threats they have received. He referencing 20/20 program and the Concord Monitor's article that 'blamed' him when the story broke in 2010.
Phelps says he uses his website to combat untruths that are coming out about his involvement in the Tina Anderson sex assault and subsequent pregnancy.
No more questions from the State regarding disclosure. Now the defense is conducting 'voir dire' again this is all prior to the jury being brought in. It appears Pastor Phelps web page is at the center of this q and a prior to jury involvement.
We've learned by talking with prosecutors that at issue are notes that Pastor Phelps made during counseling sessions with Ernie Willis that were turned over the Concord Police without Pastor Phelps knowledge. Phelps' attorney are arguing a violation of Pastoral Privilege and trying to make
the notes inadmissible. The judge is now deliberating his decision and we are in recess.
The judge says he believes there is no privilege. The judge will provide a written order that causes him him to conclude that the rule of privilege does not apply. The judge is addressing Pastor Phelps about being asked difficult questions that he may feel he cannot answer them without violating pastoral privilege. The judge says the court is ordering the Pastor to answer the questions rather them the Pastor offering the information.
The jury has returned to their places. And Pastor Charles Phelps is being sworn in . He lives in Indianapolis Indiana with his family for the past two years. He was pastor of the Trinity Baptist Church here in Concord from 1989-2007.
Pastor Phelps is addressing the jury directly. He is making eye contact and his body is angled toward the jury. He appears comfortable and confident.
Pastor Phelps says people in his church are taught that pre marital sex is wrong but they are not taught to look down on those who sin. He is describing the guidelines at the school regarding dress codes and behavior.
Tina Anderson is shaking her head and crying as Pastor Phelps denies on the stand that Tina ever told him about being physically and sexually abused by Dan Leaf.
Pastor Phelps says in 30 years of ministry he's never forgotten a child who's come to him to confide that he or she is being sexually or physically abused.
Tina Anderson is crying and struggling to maintain her composure. Her brother Tom is offering comfort.
Pastor Phelps: I never told Tina to go to prison to see her step-father. Forgive and forget is so contrary to my training and my philosophy, I teach confront.
The judge has just called counsel to the bench.

We are taking a brief recess. The jury is leaving the courtroom.

Court is back in session. Pastor Phelps is testifying about going to the Leaf Home at Concord Gardens where there is 'a lot of crying and pain' He says Tina and Christine are in tears.
Again Pastor Phelps is speaking directly to the jurors. He says it was then revealed that Tina was with child.
Pastor Phelps says he has five children himself. He says that he assured the family they would keep this quiet and he encouraged her to get prenatal care.
Tina Anderson and her brother are not in the courtroom at this point.
Some of the jurors are looking directly at the Pastor as he speaks , others choose to look at the prosecutor.
Pastor Phelps says he contacted Mr. Willis the next day. He says what Willis did is wrong, he was married, over the age of 19 and not married when he engaged in sex with Tina.
Pastor Phelps is now weeping on the stand saying he was very concerned that Ernie would commit suicide. At the time I left the Leaf home my priority was to get Tina to a medical professional.
Counsel is now conferring with the judge.

The state is asking Phelps about "church discipline". Phelps says what was going through his mind is: Is this a sin, will this lead to church discipline? Are we living in a way that would please God? But Phelps disputes the prosecution's implication that Phelps was trying to determine whether standards of acceptable behavior have been violated.
Pastor Phelps just checked his notes from October 8, 1997 and says that Ernie told him he had two encounters with Tina about a month apart and that in a meeting later that same day with his wife present he told the Pastor that he was the 'aggressor'.
The reveal from Pastor Phelps notes about Ernie admitted to two encounters is a pivotal piece of testimony because the
defense is disputing the second assault ever happened.

Pastor: Ernie shared with his wife in what had happened. That he had been the aggressor in the relationship with Tina and that she was a child. There was a lot of crying.
Pastor: Tina didn't want the police to be called. She was scared.
Pastor: We had a room in the house called the Prophet's Chamber, nicest room in the house! It had a separate access. It had it's own bathroom, telephone, television. That's where Tina stayed for one night.
State: She had been expelled from school for being raped.
Pastor: she was expelled from school for being with child. She never used the word rape.
The Pastor is telling the jury about the Landry family in Colorado who home-schooled their three sons that he thought would be perfect to keep Tina during her pregnancy.
Tina Anderson is not in the courtroom for this testimony. Pastor Phelps is strongly refuting that Tina was in any way shunned from his church because of her pregnancy.
There was no money in the Leaf household to pursue other options according to the pastor. The pastor insists that the decision to ship Tina to Colorado was her mother's not his, he was merely helping and not trying to obstruct the investigation.
As it is nearly four o'clock, court is adjourning for the day. Pastor Phelps will be back on the stand for more direct examination tomorrow morning starting at 10 am. We are signing off for now to prepare for our WMUR-TV coverage at five and six.
Thanks for joining everyone. Watch News 9 to see video from today's testimony and Amy's full reports.
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Live Wire | Trial Of Ernest Willis Continues | Liveblog live blogging

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Trial Of Ernest Willis Continues

Amy says the trial is on a 15-minute delay this morning

Get Headlines Sent To Your Email Or Phone

Is there no video for this case?

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]

Live Wire | Trial Of Ernest Willis Continues | Liveblog live blogging

@Nichole We do not have video for this case

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]

Live Wire | Trial Of Ernest Willis Continues | Liveblog live blogging

Tina Anderson is quietly weeping during her mother's testimony.

Thanks for your updates!

@BrewCity. You are welcome!

Attorneys are now having a sidebar discussion with the judge.

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]

Live Wire | Trial Of Ernest Willis Continues | Liveblog live blogging

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http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]

Live Wire | Trial Of Ernest Willis Continues | Liveblog live blogging

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http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=0[6/28/2011 4:03:55 AM]

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Trial Of Ernest Willis Continues

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David Hurlburt/WMUR Staff

Christine is recalling meeting Tina Dooley(now Anderson)

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=1[6/28/2011 4:04:58 AM]

are they not breaking for lunch ?

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=1[6/28/2011 4:04:58 AM]

@KP I imagine they'll break around 12:30 as they did yesterday.

Frances left the church ten years ago.

We are still waiting for the trial to reconvene.

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=1[6/28/2011 4:04:58 AM]

Is there a place to view yesterday's coverage?

@NhNative Here is the link: livewire.wmur.com

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=1[6/28/2011 4:04:58 AM]

Is all this happening with the jury still absent?

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http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=1[6/28/2011 4:04:58 AM]

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Trial Of Ernest Willis Continues

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http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=2[6/28/2011 4:06:04 AM]

The judge has just called counsel to the bench.

We are taking a brief recess. The jury is leaving the courtroom.

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=2[6/28/2011 4:06:04 AM]

Counsel is now conferring with the judge.

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=2[6/28/2011 4:06:04 AM]

defense is disputing the second assault ever happened.

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=2[6/28/2011 4:06:04 AM]

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N.H. Chronicle Good Housekeeping My Life

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Make WMUR.com Your Homepage

http://livewire.wmur.com/Event/Trial_Of_Ernest_Willis_Continues?Page=2[6/28/2011 4:06:04 AM]

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