The Summerville news. (Summerville, Chattooga County, Ga.) 1896-current, March 03, 1988, Image 17

The Summerville news., March 03, 1988, Page 17-A, Image 17

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Newspaper Page TextSurvivor Of Attack Says Jarrells Is Killer Prosecution Rests In Beating, from page 16-A from the defense table. STATEMENT Franklin, in his openin statement to the jury, had saig Jarrells smashed the iron against the faces of Miss Ger tie and Miss Lorraine ‘’as they sat there helpless.” They tried to deflect the blows, “‘but to no avail,”" he continued. The iron broke apart in the assault, the assistant district attorney said, and that ‘‘may have been the only thing that saved Lorraine Elrod’s life.” He called it ‘‘a brutal, vicious assault.” After the assault, Jarrells’ family arrived at their home across from the Elrods' and Jonathen wasn’'t home, Franklin said. They saw him walking south on Highway 114 with his shirt over his shoulder, the prosecutor said. He said he‘d%een walking along a road in front of Sardis %hurch. Franklin said. Jarrells slept in his truck outside the Jarrells’ house on the night of Aug. 27, Franklin said. LEFT QUICKLY Jarrells had planned to return to Virginia on Friday night, Aug. 28, with his brother, J aciie, Franklin said. However, *“all of a sudden,” Jarrells decided to go back to Virginia on Friday morning, Aug. 28, the prosecutor con tinued. That Miss Lorraine had survived his attack was unknown to Jarrells at the time, Franklin added. When Jarrells was arrested in Kentucky, items belonging to the Elrod); were found in his truck, including his recentl washed pants and bloocii stained boots, Franklin told the jury. DEFENSE Enloe, in his opening state ment, gave the jury an entire ly difgerent scenario of the crime. Jarrells didn't assault Miss Lorraine or kill Miss Gertie, the appointed defense attorney said, Eecause ‘‘someone else did it.”" All the state's scientific evidence would show that Jar rells didn't commit the crime, he continued. And while Miss Lorraine ‘‘honestly and sincere ly” believed that Jarells was her assailant, she was ‘‘honest ly mistaken,” he said. The reason for that mistake would be made clear, Enloe told the g siasie All the evidence gathered by the state wouFdn't be presented, Enloe said, ‘*and the reason they won't is because Mr. Jarrells didn’t do it.” The defense would present all the evidence, however, Enloe continued. % 5 The prosecution has a palm print from the murder scene and it is not that of Jarrells, Enloe said. Efforts have been made by lawmen to match the print with other people, he con- THURSDAY, FRIDAY AND SATURDAY RACKS AND RACKS OF LADIES’, JUNIOR AND CHILDREN'S Pants - Blouses - Skirts _ 5 AND 10 | CASH SALES ONLY NO RETURNS Richie’s tinued, but they had been un successful in doing so. MOWED GRASS On the day of the attack, Jarrells mowed the grass at his brother's home on Highway 114, went to Lyerly to see his sister-in-law’s fatger, got a haircut, ate lunch and then went back to his brother's home, Enloe said. Jarrells didn't go to the Elrod home on Aug. 27, but did go to the store at %hattoogavilﬁa about 3:30 E.m. and was seen mowing his rother’s yard again about 4 or 4:40 p.m., Enloe added. His Key Trial Figures Here are some of the key figures in the Jonathen Jar rells murder trial: _* Jonathen Jarrells, 31, Oceana, W.Va., who is being tried on murder, armed robbery and aggravated assault charges: - 5 o : * Lorraine Elrod, 71, Chattoogaville, who survived a brutal assault at her home last Aug. 27. * Gertrude "“Gertie"" Elrod, 75, who was killed in the at tack at Chattoogaville. * David L. “Red" Lomenick, district attorney, who is seeking the death penalty for Jarrells. * Jim Franklin, assistant district attorney in charge of prosecuting Jarrells. * David Dunn, chief assistant district attorney, who is assisting in the prosecution. * Roland Enloe, Rossville, the court-appointed lead defense attorney for Jarrells. He reportedly plans to run against Lomenick this summer. * Frank Perry, Rossville, Enloe's partner and court appointed assistant defense counsel. * Sam Finster, Summerville, court-appointed assistant defense attorney. * Joseph “Bo" Loggins, Summerville, presiding judge in the Jarrells case. * Sheriff Gary McConnell, Chattooga County, chief pro secutor against Jarrells. sister-in-law, Teresa, returned to the Jarrells home about 6 or 6:30 p.m. on Aug. 27, the law Ker said. Jonathen had been in the woods because he had to use the bathroom since there was no water to operate bathroom fixtures at tl!IJe Jar rells house, Enloe contended. There were good reasons why Jarrells left early Friday morning, Aug. 28, instead of that afternoon, Enloe said. Jar rells was seen in the Trion- Summerville area about 10 a.m. on that day, the lawyer added. PERMISSION When Jarrells was arrested in Kentucky, he gave permis sion to have his truck search ed and agreed to return volun tarily to Georgia because he was innocent and wanted to straighten out the matter, Jar rells said. § e At 3:10 p.m. on Aug. 27, Eula Jean Spurlock was on her way to work when she saw a blue pickup truck in the Elrod driveway, Enloe told the jury. She recanized the vehicle and the people in it, Enloe said. The man standing outside the truck was Russell *‘Button’ Gilman, Enloe said, and the truck was owned by Robert Lee White's brother, Chester. Immediately after the crime was discovered, Gilman and White left the area and the blue Lrugk was painted black, Enloe said. After a defense investigator talked with White, a purse with credit cards, checks, car keys and savings bonds were found in a pond across from the Elrod house, said Enloe. CANS Gilman and White also stopped to drink beer with Jar rells and tossed their beer cans in a garbage sack in the back of Jarrells’ truck, Enloe said. That's where the Elrods’ pro gerty. such as watches, were ound, the defense attorney told the jury. While the pro secution has photos of the cans, it didn’t return the cans from Kentucky, Enloe said. One of the beer cans may have shown a palm print, he added. The defense had been un_a:ible to locate Gilman, Enloe said. Franklin began his opening statement at 1:17 p.m. Friday. Enloe concluded his remarks at 1:58 p.m. JURY Defense and prosecution at torneys had struck a jury within 15 minutes of court opening at 9 a.m. Friday and Judge Joseph Loggins in structed the (Fanel about its se questration during the trial. He Slaying Trial; Defense Damaged By Own Witnesses called for a conference with defense and prosecution at torneys in his office at 9:51 a.m. However, court didn't reconvene until near 11:40 a.m. Dunn said it was acceptable that one of the jurors be dismissed because oIJ “‘extreme hardship’’ and appointed defense att.ornefl Perry agreed. During the enithy recess, deputies with the Walker County Sheriff's Office located one of the qualified jurors who had been ((ilismissecfl that mor ning and brought him to the courtroom. REPLACED Loggins then dismissed the first juror and replaced him with the new juror, after defense and prosecution at torneys had officially made their remainir;f strikes. Log gins said an alternate on the jury would then move to the jury and the new juror would sérve as an alternate. The panel has three women, including one black, and 11 men, incﬁxding two blacks. The 14-member jury has two alternates. Security was tight in the courtroom, especially when Miss Elrod testified. Spectators were limited to the north section of the court room while the center and south sections were kept emp ty. All persons enterin t}!n)e courtroom were searches with a metal detector. RECESS Judge Loggins recessed court at 11:55 a.m. Friday and told jurors to return at 1 p.m. When they hadn't returned from lunch at that time, Log gins recessed court until the panel returned. The jury arriv ed back in the courtroom five minutes later and Judge Log gins returned at 1:15 p.m. Friday. Franklin then gave his opening statement, fo%lowed by Enloe, and testimony by Miss Elrod. In other testimony last Fri day afternoon: DOCTOR Dr. Mark Murphy, a Rome neurological surgeon, said he treated Miss Lorraine at Floyd Medical Center on Ang. 28. He identified a photo made of Miss Lorraine immediately after she was found and said, ‘“That looks exactly like her.” She received numerous frac tures to her face and the base of her skull was fractured, Mur phy told Franklin. The force of the blows to her head were ab sorbed by the bones in her face and protected her brain, Dr. Murphy indicated. MEMORY? Defense attorney, Perry, on cross examination, elicited testimony from Murphy that he didn’t check Miss Lorraine's memory at the time. Murphy. in response to a question from I 3-DAY SPECIALS I WHITE COMMODE TANK & BOWL 34 ‘l 95 6 WOOD LADDER s'| 895 White & Color STEEL LAVATORY 12% FLUID MASTER 25 $3 Ea. MATTOCKS $995 BARN STYLE MAILBOX s'| 695 4” FAUCET With Pop-Up $ 895 —*w l Marbutt Supply Co. | South Commerce St. " Phone 857-2747 Perri'. said retrograde amnesia involves a loss of memory just before and just after an injury to the hea(i. Some patients try to fill in the ““missing spaces,”” Murphy testified in response to Perry's questioning, aﬁhough “not all patients do that.! There was no indication that her mental faculties were harmed by the attack, Dr. Mur phy said during redirect ex amination by l‘sranklin. “We were all amazed at how intact t.he{) were,”” Murphy added. ist. Atty. Lomenick ques tioned Thomas Drummond, husband of Lillian Drummond, a sister of the Elrods. He dropped his wife off at the Elrod home about 7:55 a.m. Friday, Auﬁ. 28, Drummond said, since he was going to a dentist at Rome. Altﬁou%h neither he nor his wife could elicit a response from the Elrod home, he thought that the sisters had gone back to bed, Drummond said, adding that he went on to Rome. He didn't discover what had happened until he returned to Chat toogaville, Drummond said. POND? When his wife called out for her sisters in the house, he ““I told you I was kin to those people across the road but I’'m not and I don’t want to go to church with you.” --Jonathen Jarrells, According to Lorraine Elrod didn't hear a response, said Drummond in response to cross-examination from Enloe. The defense attorm(aiy also (ﬂlllestioned Drummond about the pond across from the Elrod home. Ernest Hurley, a nephew of the Elrod sisters by marriage, said he received a call from Mrs. Drummond on the morn ing of Aug. 28 and arrived at the Elrod home about 8:30 a.m. At that point, Lomenick ob jli?cted to a “smile” by Enloe. he defense attorney then ob jected to Lomenick's comment. Judge Loggins told both not to make any personal remarks. It was reported by Loggins at an earlier hearing for Jarrells that Enloe had said he planned to run against Lomenick for district attorney. NO RESPONSE After the brief skirmish had ended, Lomenick continued his questioning of Hurley, who said he knocked on a locked bedroom door of the Elrod house but received no response. He then went outside, stood on a tub and looked in the bedroom window, Hurley VINYL FLOOR COVERING 29 $3 Yard 40-Gal. Electric WATER HEATER Everyda Low )I;ric); $1 1 895 HOSE 8188 1/2 kil 3/4 9 s'l 15 s'| 95 TRACTOR PINS (Lightweight) 29° ROACH PRUFE 3415 EVERYDAY LOW PRICE OVEN UNIT $1 295 PLUG IN UNIVERSAL OVEN UNIT S SE9O testified. He could see both sisters on the bed but couldn’t determine what was wrong, he continued, “BLOOD” Hurley said he went back inside and broke down the bedroom door with his shoulder and found Miss Lor raine and Miss Gertie. There was ‘‘blood on them, blood on the bed and more blood than I've seen anywhere,” he told the district attorney. He could tell that Miss Ger tie was dead but Miss Lorraine tried to raise up from the bed, Hurley continued. He went to the phone and called his wife at Chattooga County Hospital since he couldn’t remember the ambulance service phone number, the witness continued. Under cross-examination, Hurley said again he didn't receive any response from in side the bedroom door when he knocked or when he called out for the sisters. Enloe also questioned Hurley about the pond diagonally across from the Elrod home and asked where the road beside the pond went. Hurley said it went to the “back valley” with one fork go ing toward Lyerly and the other toward Alabama. Hurley said he noticed that a chair was overturned in the living room. He also told Enloe that he hadn't touched anything inside the house. After Hurley's testimony, Loggins recessed court until 9 a.m. Saturday. SATURDAY, FEB. 26 The defense filed a motion for a mistrial in the case last Saturday afternoon after a question by the prosecution. Three medical doctors describ ed the injuries to Miss Lorraine Elrod during testimony last weekend. : In addition, the Kentucky state patrolman who arrested J arrelfs testified about the cir cumstances surrounding that arrest on the afternoon of Aug. 28. Turner, chief investigator for the Chattooga Sheriff's Department, was on the witness stand during most of Saturday afternoon and was expected to testify again Monday. Dr. Toby Morgan, a Rome ear, nose and throat specialist who does facial plastic surgery, Shia! nt,ﬂ. Ship! m,z. Wee cuttm7 ,a‘u'ce.a STEEL TUB S9BOO TOOL BOX CROSSOVER WHITE COMMODE SEAT STAINLESS STEEL SINK $9g95 The Summerville News, Thursday, March 3, 1988 was the first physician called by Asst. Dist. Atty. Franklin. Miss Lorraine had been struck with something heavy and sharp “‘at least a dozen' times ang her right ear “‘was just in shreds, really,”’ he said. Her injuries were consistent with those suffered by someone who had been struck with the sharp end of an iron, he said under questioning. SKULL MODEL He used a model of a human skull to show the jury the ex tent of Miss Lorraine’s injuries. He testified that they included: a deep laceration through her right ear to the ear canal, a deep laceration to her chin, split lip, a broken nose, broken bones in her face, broken teeth, a deep cut under her eye, a deep laceration from her eye to ear, cracked jawbone, a skull frac ture through to her ear bone. In spite of her injuries, Miss Lorraine was “very alert” at Floyd Medical Center on Aug. 28, Dr. Morgan said. I was ex tremely surprised. ... She seemed to understand eve{]vthing I told her.” nder cross-examination from defense attorney Perry, Dr. Morgan said one person could have sifn.ificant injury to the brain and not demonstrate an impairment of faculties, while another person might suffer impairment. He couldgn‘t say that Miss Elrod’s brain was injured, Dr. Morgan said. “SEVERE” Injuries to her face and skull would have to have been caused by a heavy object that would also cut, for such ‘““severe’’ injuries to be caused to Miss Lorraine, Morgan added. If a person had been hit several times but thought she had been hit only once, it would be consistent with her being knocked unconscious the first I 1 Ll ot b | o & k 2 ~ . | i T ex s 1 - : E i f{* /_ F 5 el A" v",.'-‘:’m'\"‘f'{:i‘:‘“‘% ol B T ek e e ~ OFFICEWEAR i SWEATERS 100’s of Novelty |- Intarsia Sweaters |— By Famous Makers Values to S2B SQ9B SKIRTS — Large Selection of | Career Styles ot Values to $32 sg9B | DRESSES | New Shipments |— s 2 498 AndUp | LE T ] T ANY SO S LOCATION F&./ h ‘, COMMERCE || Y\ \y‘ A\ sreet || | W] "o NIL L SUMMERVILLE || g 1 =Illll" . Y = T V= TTTIN S bbbl 4T DA - time, he said. Semi consciousness and confusion would also be consistent with bleeding and dehydration, Dr. Morgan acknowled'ged. What a person said before being treated for such injuries woul be less reliable than what she might say at a later time after “I rared back and kicked the door down.” --Sheriff Gary McConnell being rehi;drat,ed and her blood pressure brought near normal, the Rome specialist said. Ek shoumot. no sir,” Dr. Morgan said when Franklin asked him whether the injuries would have affected her memory. f In additional cross examination by Perry, Dr. Morgan said many times peo ple involved in accidents don’t recall what happened just before and just after the injury. The doctor also said he was aware of the tendency for many older people to recaﬁ/ events in the far past better than events in the immediate past. Rome oral surgeon Dr. Robert Davis said Miss Lor raine’s ‘‘teeth were just shat tered” by the injuries she received last Aug. 27. Her up per jaw ‘‘was just mushy,” he added. The surgeon explained the steps he took to help restore her mouth, saying that he had seen ‘‘thousands” .of injuries during his practice ‘but hers was one of tﬂe worst.” She had “‘a tremendous amount of in julﬁ',” Davis continued, and will still require treatment in the future. Under cross-examination from Perry, Dr. Davis said 2 person with injuries as severe as those suffered by Miss Lor raine could still give a descrip tion of a person. Sheriff Gary McConnel)l had said after the incident that Miss Elrod had given him a description of Jar rells after he arrivec 2t her see SURVIVOR, page 15-A e | JEAN SKIRTS |_| o In Frosted Denirm | | By No Excuses | | i 3 Values to S3O I l | : 5g98 ] - T-SHIRTS : s By Express Many Colors To A Choose From $598 i - | Large Selection of A Casual Styles Values to S2B | SQ9B j{ | SWIMSUITS One & Two Piece :1 $1298 04 |7 gﬁ%ﬁgﬁ%ﬂwwuﬂsﬁ lz:‘\ & : | R » | . »& P-]I s - N dﬁ jSN &G p : o s 1;2:"‘"’:‘“!;“2‘-'53‘2 17-A JAW “MUSHY”