AtlantaCitizensJournal.com

Serving for scholarships

Atlanta Rotarians, including Betty Lawson, above, worked as Sonic drive-in carhops Tuesday night to raise awareness about Thursday night’s spelling bee and auctions. The club raised some serious cash at the drive-in, thanks to the generosity of diners. All of the cash will be deposited in the club's scholarship account for college-bound high school seniors.

 

Rotary Spelling Bee is Thursday night

Atlanta Rotarians will offer hundreds of dollars worth of donated items during silent and live auctions as part of their 10th annual Atlanta Rotary Spelling Bee on Thursday, March 11, at Morris Upchurch Middle School.

Donors and the auction items they have contributed to help Rotarians raise money for college scholarships are:

Amigo Juan’s – Two gift certificates, value $25 each.

Atlanta Therapeutic Massage Clinic – Two 30-minute massages with Amber Hunt, value $25 each; two 30-minute aromatherapy facial massages with Amber Hunt, value $30 each; and two 30-minute massages with Chad Autrey, value $25 each.

Benita’s Atlanta Floral – Gift package, value $200.

Best Eastern Buffet – Gift certificate, value $25.

Bob’s Printing – Personalized calendar, value $23.95.

Brisket House – Two gift certificates, value $25 each.

Burwell Industries/Lollia – Bath and body products basket, $250 value.

Cass County Equipment – Two toy law tractors, value TBA.

Catfish King – Two gift certificates, value $25 and $10.

Citizens Journal – Advertising, value $200.

Paul Cothren – Certificate for concealed handgun course, value $125.

Discount Wheel & Tire – Two wheel alignments, value $49.95 each; and two tire rotations/balancing, value $32 each.

Domino’s Pizza – Two gift certificates for large pizzas, value $23.62 each

EZ Rental – Three framed prints, autographed by the artists, including Terry Redlin, value $225, $230 and $250.

Fan Fair Gifts and Collectibles – Purple Punch Weekender Bag, value $92.

Fat Jack’s – Gift certificate, value $50.

Finish Line Motors – Set of four Mastercraft tires, size 265/70/16, value $500.

Dr. Terry Foster/Family Eye Care – Oakley Sunglasses, value $170; and free eye exam, value $67.

State Rep. Stephen Frost – Texas flag flown over the state capitol on Texas Independence Day, value “priceless.”

Dr. Michael Giesler – Upper and lower tooth bleaching, value $370.

Harp Jewelers – Ladies diamond Swiss quartz Belair watch, value $345.

Hook ‘Em Sports – Signed poster of Drew Stubbs’ first home run and a signed baseball by Drew Stubbs, value “priceless.”

Hummingbird Floral & Gifts – Firestarter Candle, value $15.

Jack’s Fine Foods – Gift certificates, value $25.

Ivan Smith Furniture – Queen set box springs and mattress, value $449.

Kay’s Grooming – Gift certificate, value $30.

Henry King – Two Pudge Rodriguez bobble heads, value $50; and wine and cheese basket, value $50.

Indian Hills Country Club – Two certificates for greens fees with carts, value $40.

Lone Star Flooring – 5x5x8-foot area rug, value $240.

Made In The Shade Tans – Tanning package, value $30.

Marty’s Silk Flowers & Things – Vase and silk flower arrangement, value $50.

McCall’s Eye Care – Ray Ban Sunglasses, value $136; and one eye exam, value $65.

Medicine Chest – Gift basket, value $50.

Merle Norman Cosmetics – Gift certificate, value $50.

Movie Gallery – Gift certificate for two World Series of Poker DVD Sets, value $29.99 each; and a Movie Card, value $10.

New Attitudes Wellness Center – Six-month membership, value $325.

JMJ Country Stores – Two gift certificates, value $50 each.

Julio Nunez – Certificate for two complete service calls, value $163.

Orr Auto Ranch – Oil change and tire rotation, value $52.

Pro Nails – Gift certificate, value $25.

Queen City Floral – Scented candle, value 23.

Rose Garden Eatery & Catering – Gift certificate, value $25.

Roses & Butterflies Antique Mall – Rose painted plaque, value TBA.

Silver Spur – Two gift certificates, value $25 each.

Simple Delights Emporium – Gift certificate, value $100.

Sterling Images – Gift certificate, value $200.

Swanson Family Chiropractic – Tempur-Pedic therapeutic pillow, value $100.

TEXAR Federal Credit Union – Framed T-shirt signed by New Orleans Saints running back Reggie Bush, value “priceless.”

Terrell Bros. Furniture – 32-inch LG brand LCD TV, value $799.

Terri’s Treasures – Gift certificate, value $50.

The Cutting Company – Gift certificate, value $25.

Tractor Supply – Set of mag lights, value $15.

Vaughn’s Catfish Restaurant – Two gift certificates, value $20 each.

Wendy’s – Two gift certificates, value $25 each.

Chuck Wise – Certificate for concealed handgun course, value $100.

Woods Furniture –31-piece Roadside Emergency Kit, value $40.

Cash donors to date are Healing Touch and O’Kelly’s Barber Shop.

The doors will open at 5 p.m. Thursday and bidding in the silent auction will begin immediately. A boiled shrimp feast with all the fixin’s will be served at 5:30. (Brisket is available by request only with advance ticket purchase.)

The spelling bee begins at 6:30, followed by the live auction at 7:30. Tickets are $10 per person and available from any Rotarian.

Team sponsors are Adcock’s Medicine Chest, Atlanta Memorial Hospital, Best Western Pineywoods Inn, Brookshire’s Food Store, Burggraf Atlanta Tire, Cass County Bank, Domino Federal Credit Union, Golden Villa Nursing Home, Hanner Funeral Service/The Ark Veterinary Clinic, Horne Enterprises, International Paper Co., Red River Federal Credit Union, Rose Haven Nursing Home, TEXAR Federal Credit Union and Wesley House.

 

Moulton defense outlines evidence, defines misconceptions

By MARTI ALEXANDER

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In an opening statement on Monday, defense attorney Rick Shelton said testimony this week will categorize evidence into four categories.

Shelton is defending David Len Moulton who stands charged with the April 17, 2004 death of his wife, Rebecca “Becky” Moulton, who was found floating in a pond behind their South William Street home in Atlanta.

Shelton said evidence presented this week could be categorized as numerous misconceptions, misconceptions about Becky, the investigation itself and the autopsy and cause of death.

“We will present to you all of the evidence and the rest of the story,” Shelton told the jury.

The first witness to take the stand for the defense was Dr. Robert Bux, medical examiner for El Paso County, Colo.

After reviewing photos, toxicology reports and statements submitted in 2005 which changed the cause of death from “undetermined” to “homicidal violence,” Bux testified he would not have changed the cause of Becky’s death.

One of the injuries noted on Becky’s body was a hemorrhage in her eye, which he indicated could have been just a spontaneous hemorrhage. Bux said most of the time the hemorrhages are caused by blunt trauma, but there was no evidence of this.

Bux also said it was a possibility the hemorrhage occurred when vitreous, a gel-like fluid in the eye, was extracted by medical personnel.

When discussing Becky’s neck, the 3/16-inch red mark located on the front center of her neck, Bux said there was no way to know if it was created pre- or post-death.

The laceration on her lip, however, Bux said was either caused by blunt trauma or during CPR.

Bux was shown neck dissections of Becky and was questioned about damage to sternohyoid muscle and sternocleidomastoid muscle. That damage was located in the lower portion of the neck and Bux testified when someone is manually strangled, damage is usually found above the larynx, not below, and this would not be the only injury.

This damage was located an inch or so below the bottom of the larynx. Bux said this type of injury would be more likely to fall under the category of subtle strangulation which generally only occurs when someone can’t move such as a small child or incapacitated individual.

“In a healthy adult, this is not the case,” he said.

In a healthy adult, Bux said they expect to see multiple injuries on the skin from fingernail marks to bruising and scratches. “I didn’t see any sign of a struggle on Mrs. Moulton,” Bux said.

Reports indicated that Becky had no drugs in her system that would have incapacitated her.

He said in adult cases of strangulation, around 80 to 90 percent of the time there are signs of a struggle.

Shelton asked Bux about the state’s medical examiner stating there was no fracture to the hyoid bone and her comment that it was not brittle enough.

Bux said in 85 to 90 percent of strangulation cases in individuals over 40 it is more common that the hyoid bone would be fractured.

Shelton questioned the medical examiner about the time it takes for a body to float to the surface of a body of water and Bux answered there were different factors to be considered.

He said if a body has high fat content, air trapped in clothing or air in the lungs, it could float immediately. Bux also stated that bodies float better in warm water than cold.

When Becky arrived at the hospital in an ambulance, her body temperature was recorded as 97.7 degrees. According to that and other factors, Bux stated she could not have been in the water very long.

Bux was read a copy of the indictment and the ways the state alleges Becky was murdered. He stated in his opinion Becky was not strangled, not drowned and not asphyxiated.

On cross examination, Johnny Ward, who is assisting the prosecution of the case alongside District Attorney Clint Allen and Assistant District Attorney Tina Richardson, asked Bux if he made his opinion prior to seeing the second packet of information that McClean had when she changed the cause of death.

Bux stated that after seeing the packet, he didn’t see anything in there that would make him change his mind. He stated he “didn’t see enough information” to change the cause of death.

He said according to the reports, her death is “a mystery” and it’s “not clear what happened.”

According to a report from the hospital and her body temperature, Bux estimated that Becky had been dead less than an hour or so before arriving at the hospital.

“So if she got to the hospital around 8:20 to 8:30 that evening, she was alive when David got home around 7,” Ward said.

Ward mentioned David’s training as a lifeguard 25 to 26 years ago and asked why he “went down” several times when retrieving his wife’s body from the pond and why, if there was adrenaline flowing, he couldn’t pull her completely out of the pond.

Ward stated on insurance forms, David listed her cause of death as natural causes stating she “aspirated on food” even though the autopsy report showed it was “suspicious of homicide.”

Despite all information Ward shared, Bux said he stood by his opinion that Becky’s death was undetermined and that all her injuries could have either been caused by blunt trauma or medical personnel attempting to revive her.

Lela Wilbanks, David’s mother, took the stand and said she was around the couple “quite a bit.”

Shelton asked if Wilbanks had ever seen Becky in the pond area of the home and Wilbanks stated she had taken her down there during a visit to show where they were looking at building a gazebo. She said she had also seen Becky around the yard on other occasions.

On the Saturday prior to Becky’s death, Wilbanks said she and her husband Bob went by to visit the couple and found them watching a movie.

Wilbanks said she didn’t see any jewelry on Becky and also said she had never observed any bruises.

In regard to prior testimony of David stating “I ain’t picking out clothes for no woman,” his mother stated his comment was “I don’t pick out clothes for women.”

Testimony from David’s daughter Jamie Hartsell showed that she and Becky had been close a couple months prior to Becky’s death after Hartsell learned she was pregnant.

“We had decided to do a nursery at their home,” Hartsell said.

Hartsell said she had gotten into a routine of getting off work and would go to their house a couple days a week to walk with Becky. She said they walked on the property behind the house, down a trail to the pond or on the sandy road.

Previous testimony indicated Becky would not walk through the woods around the pond.

Shelton asked Hartsell if she ever saw Becky walking in the woods by herself and Hartsell testified there were times when she would arrive at the home and Becky would come out of the trail to meet her.

She testified that she and Becky had walked together around 10 to 12 times prior to her death.

Shelton asked about Becky’s attire when they were walking and Hartsell said Becky would walk in whatever she had on that day.

In regard to being around the pond, Hartsell testified Becky went fishing with them and was around the pond “a good bit.”

The day after Becky’s death, Hartsell said she, Stephanie Byrum, Monique Irwin and her husband Kevin went to the pond behind the house.

Hartsell testified that Monique and Stephanie walked down together ahead of her and Kevin.

“Monique and Stephanie noticed a shoe floating in the pond,” Hartsell said.

To keep from upsetting any family that might venture to the pond, Hartsell said Stephanie found a stick and handed to Monique and Monique fished the shoe out.

As they made their way back up to the house, she said family members were walking down that way and Monique or Stephanie mentioned leaving the shoe at the treeline and Stephanie said she would come back and get it.

Ward asked Hartsell if she was aware that Bux testified Becky died within an hour prior to her arrival at the hospital and her father had arrived home within that time frame. “Do you believe Becky died after your father arrived home?” Ward asked.

Hartsell answered, “Yes and no.”

Kevin Irwin, David’s son-in-law, said he worked for David several years and described David as a “hard-worker.”

Irwin said he came into contact with Becky on numerous occasions and never witnessed any bruises and also said while working with David on their property Becky would walk to where they were either through the woods or on the road.

On the morning after Becky’s death, Irwin recalled he, Stephanie, Monique and Jamie walking to the pond, with Monique and Stephanie ahead of himself and Jamie. He also said Stephanie found a stick and handed it to Monique to fish the shoe out of the pond so no other family members would be upset by seeing it there.

Irwin testified that Monique dropped the shoe at the tree line as they made their way back to the house and he went back later and moved it up to the house.

As far as David’s spending habits, Irwin said he didn’t consider purchasing a 1997 truck in 2003 or a 30-year-old tractor extravagant. The music studio that was constructed, according to prior testimony, Irwin said was made out of an office previously used in David’s logging business.