Melody Farris Trial — Verdict & Sentencing

[00:00:00] Signed by you as foreman, if you'll hand it to the bailiff, then I'll review it and then I'll hand it back to you. [00:00:13] All right, if you'll hand that back to the foreman. [00:00:18] All right, sir, as foreman, I'm going to have you stand and publish your verdict. [00:00:21] You can do that just by saying, we the jury, and then to each count, say we find the defendant guilty or not guilty as to each count. [00:00:30] All right, we the jury, as the count of count five, we find the defendant guilty. [00:00:40] We the jury, as the count four, find the defendant guilty. [00:00:46] We the jury, as the count three, we find the defendant guilty. [00:00:53] We the jury, as the count two, find the defendant guilty. [00:00:58] And we, the jury, ask to count one, find the defendant guilty. [00:01:03] All right, we're handing it back to the bailiff. [00:01:05] Madam Bailiff, you can show it to counsel. [00:01:12] All right. [00:01:16] All right, ladies and gentlemen, that ends your service in this case. [00:01:20] I want to thank you for your service. [00:01:22] There are, you are now free to go about your day and your lives and look up anything you want to about the case. [00:01:31] Talk to anyone about the case or not as you choose. [00:01:34] That is completely your, up to you and how you want to handle that. [00:01:40] There are some, the media folks have reached out and want to talk to you. [00:01:46] The way we are going to do that is I have some packets of information from them that I'm going to give you in just a moment. [00:01:53] Before y'all leave the area, you are free to stay and talk to anyone you want to. [00:01:58] You are also free to leave and not talk to anyone. [00:02:00] There are many folks that would like to have an opportunity to talk to you. [00:02:04] Again, that is completely up to you. [00:02:06] And whether you want to talk to the lawyers, the family members, or the media is completely up to you. [00:02:14] And they will make themselves available, I'm certain. [00:02:17] I'm sure the media folks will be out the front door. [00:02:20] If you want to talk to them, I'm going to direct them not to bother you. [00:02:23] If you want to go out the back door and go to your car and leave the premises. [00:02:27] All right. [00:02:28] So with that, y'all can be excused to the jury. [00:02:36] I'm going to give you all that same information. [00:02:42] So if y'all step out with the bailiff, y'all can come through. [00:02:46] They're going to want you to walk around. [00:02:51] All right. [00:02:51] Y'all can take her in the back. [00:02:52] If y'all need a chance to talk to her, y'all keep her here for a little bit so that the attorneys can talk to her if they need to. [00:03:06] All right. [00:03:19] Anything else? [00:03:20] All right. [00:03:20] We'll be at recess. [00:03:21] Thank you. [00:03:21] Thank you. [00:03:36] Yes, your honor. [00:03:45] We are here on the state of Georgia versus Melody Walker-Ferris in 23 CR 0715. [00:03:52] This defendant was convicted on November 4th, 2024 of five counts. [00:03:57] Count one, malice murder. [00:03:58] Count two, felony murder. [00:03:59] Count three, aggravated assault. [00:04:01] Count four, concealing the death of another. [00:04:03] And count five, making false statements. [00:04:06] We're here for sentencing on those five counts, which a jury convicted her and found her guilty for. [00:04:12] In regards to the sentencing judge, both the defense and I agree that under 1617, the court is going to sentence on count one. [00:04:21] Count two will be vacated by as a matter of law. [00:04:24] Count three will merge into count one. [00:04:27] And then the court will sentence on four and five. [00:04:30] And the range for four is one to ten. [00:04:33] And that's 161031. [00:04:34] And the range for count five is one to five, under 161020. [00:04:38] All right. [00:04:39] Mr. Weaver, Mr. Ray, y'all in agreement with that? [00:04:42] Yes, Judge. [00:04:43] All right. [00:04:44] All right. [00:04:45] You have evidence you want to present? [00:04:49] I have one exhibit to present and then, I have two exhibits to present, and then the family has a few impact statements. [00:04:57] All right. [00:04:58] Possibly just one that they would like me to read into the record, which I have already shown them. [00:05:04] Okay. [00:05:05] All right. [00:05:05] Go ahead. [00:05:06] State's exhibit one is a video of Gary Ferris with his granddaughter, Olivia. [00:05:11] Oh, yeah. [00:05:21] She's got dressing around somewhere else. [00:05:22] She's like you, I guess. [00:05:25] Why don't you be squirming? [00:05:26] Squirming. [00:05:27] You're used to squirming, girl. [00:05:29] Aren't you? [00:05:30] She's at that point. [00:05:31] She wants to flip over on her belly. [00:05:33] You're used to squirming, girl. [00:05:34] That's all you ask. [00:05:37] You're used to squirming, girl. [00:05:39] You're going to stay there for me? [00:05:42] Huh? [00:05:43] Yeah. [00:05:45] Yeah. [00:05:46] Oh, I know. [00:05:48] I know. [00:05:49] She doesn't tell me. [00:05:50] I don't know what day. [00:05:52] Who was the child? [00:05:54] Olivia and his granddaughter, Emily Payne's daughter. [00:05:56] All right. [00:05:57] Okay. [00:05:58] And that was from May of 2018. [00:06:01] And then, Judge, this is just a photo. [00:06:04] It's taken from the two that we'd like to put into evidence as well. [00:06:08] All right. [00:06:08] And at this time, I'm going to read into the record a statement written by Emily Payne on behalf of the family. [00:06:31] Your Honor, since our father was taken from us, our lives have been filled with an unbearable void. [00:06:38] Every day feels like a constant reminder of what we've lost. [00:06:42] Gary was a father, grandfather, brother, uncle, friend, and colleague to many. [00:06:49] We miss his laughter, his warmth, and his presence in our lives. [00:06:53] It's a pain that will never go away. [00:06:56] Gary was not just our beloved father, but our confidant and our rock. [00:07:01] Now we are left to navigate life without his guidance and support. [00:07:05] Every milestone, every happy moment, is tainted by the thought that he will not be here to share it with us. [00:07:13] There will be no more birthday parties, backyard gatherings, holiday celebrations, or other family activities to share together. [00:07:21] Those opportunities to say, I love you, are forever gone. [00:07:26] Our family is forever broken from this tragedy. [00:07:29] This loss is only made worse by the betrayal of trust we feel for our mother. [00:07:34] To know that the person who caused the suffering to our family was someone we relied on the most is a wound that may never heal. [00:07:44] Our children are now growing up without their big daddy and grandma. [00:07:49] The impact on their young lives is devastating. [00:07:52] They ask questions we cannot answer, and we often find ourselves lost for words when they ask why they don't have a grandmother or a grandfather. [00:08:01] We ask this court to consider the gravity of this crime, the devastating impact it has had on our family, and to ensure that justice is served. [00:08:11] No sentence can ever bring our father back, but a just punishment can offer a semblance of closure and prevent another family from experiencing this unimaginable pain. [00:08:31] All right, we need to do something with the other indictment. [00:08:50] Yes, judge, I will be submitting an all-plus to that. [00:08:53] All right. [00:08:53] I didn't do the events of that. [00:08:54] Okay, we can do that after the sentence thing, that's fine. [00:08:57] Yes, judge. [00:08:58] All right. [00:09:00] Mr. Weaver, Mr. Ray. [00:09:01] Judge, we have two witnesses. [00:09:03] All right, we have one that he's prepared a statement. [00:09:05] We were just going to call him and let him read the statement. [00:09:06] All right, that's fine. [00:09:08] That's fine. [00:09:08] We'll call Mr. Dave Thomas. [00:09:17] Where do you want him, judge? [00:09:18] He can just come up to the lectern, it's fine. [00:09:20] Thank you. [00:09:50] All right, go ahead. [00:09:55] Yeah, just swear, man. [00:09:57] You swear to me, if that's something I'd like to do before this court would be the truth. [00:10:01] Hold your attention to the truth, don't be the truth, don't be God. [00:10:03] I do. [00:10:03] Okay, put your hand down. [00:10:05] Can you judge us for rep purposes? [00:10:06] Can you say your name? [00:10:07] David Thomas. [00:10:08] Okay, and have you prepared a statement to read to the court for purposes of sentencing? [00:10:12] I have. [00:10:12] Okay. [00:10:13] All right, go ahead. [00:10:17] Your Honor, may I address the court and say what she thinks? [00:10:20] First, I'd like to address the Ferris family. [00:10:25] I want each and every one of you to know how sorry I am for the loss of your dad, your brother, and Elodie, or your husband, Gary. [00:10:37] I understand what it's like to lose both parents. [00:10:40] I buried both of mine in the pouring down rain in 29-degree weather on a Christmas Eve not too long ago. [00:10:51] So I understand all the questions about death and why. [00:10:57] Yours is even more complicated as to who and why. [00:11:01] You are all in my prayers and in my thoughts as these years have gone by. [00:11:07] No amount of money can ever replace a parent, a spouse, or a brother, and no amount of money is ever worth anybody's life. [00:11:19] Second, Melody, I am your friend. [00:11:23] And I will stand up for you today because in the eight months, six years ago that I came to know you, [00:11:32] I witnessed what a true friend could be to another friend of ours who was fighting for his life, [00:11:38] as he still is today. [00:11:40] I saw what your heart was made of in spite of your own circumstances and problems, [00:11:48] and that you wanted to help, not to hurt, but to help. [00:11:53] I saw the kindness you showed myself along with other people around you. [00:11:59] I know your story always remained the same, and it never changed. [00:12:03] And in my heart of hearts, I believe in your innocence. [00:12:08] For I would not be here today, along with our friend in spirit, Allen, [00:12:15] who is fighting a horrible disease called cancer, as we speak. [00:12:21] Third, Your Honor, [00:12:26] this is my friend, Melody. [00:12:33] Melody Walker-Ferris, [00:12:35] who went, [00:12:36] come before you today on her behalf as a friend to ask you for mercy. [00:12:49] I ask you for grace. [00:12:52] I ask you for leniency [00:12:54] upon your decision of her sentencing. [00:13:00] Gary's death was a horrible tragedy, [00:13:03] and there is no excuse for murder on any level. [00:13:07] But to convict someone and sentence them for life [00:13:10] is even more of a tragedy in itself, [00:13:14] especially if it is the wrong person, [00:13:17] and especially if all of the evidence was not able to be presented to the jury [00:13:22] as a complete investigation should have been brought forth. [00:13:27] There were a lot of holes in this case, [00:13:29] and a lot of unanswered questions. [00:13:33] I don't know who was responsible for Gary's death. [00:13:37] I know the jury did the best they could with the information that they had to work with, Your Honor. [00:13:43] But there were doubts, [00:13:45] and there so are for many of us in this case today. [00:13:51] I don't know who will have to live with that burden for the rest of their lives, [00:13:55] but in coming to Melody, [00:13:58] I cannot believe she is the one responsible for her husband's death. [00:14:03] Judge, I'm going to object. [00:14:04] He cannot impeach the verdict. [00:14:06] That's improper statement. [00:14:08] You can talk about it. [00:14:09] That's him in the family that he cannot impeach the verdict. [00:14:12] I'm going to let him go ahead. [00:14:15] If I gave you a road map and tore it in half [00:14:18] and expected you to reach a decision in this case without all of the information, [00:14:24] that would not be fair to anyone, [00:14:26] including Gary, [00:14:28] if the wrong person was convicted. [00:14:31] Thank you for your time. [00:14:33] All right. [00:14:34] Thank you. [00:14:34] Anyone who's got any questions? [00:14:37] No. [00:14:37] All right. [00:14:38] We've got one more. [00:14:39] There was a gentleman that sat behind his parents during the tired of the trial. [00:14:46] That was Mr. Allen Wilson. [00:14:48] He is, he's suffering from the answer, [00:14:51] and he's unable to be here to, [00:14:54] so he's fair to say he can talk to me. [00:14:57] All right. [00:14:58] Go. [00:14:58] All right. [00:14:59] All right. [00:14:59] Go ahead. [00:15:00] Judge, you have to take a sec, [00:15:02] because I've got to zoom in. [00:15:04] So, Mr. Allen Wilson writes, [00:15:07] I've been Melody Walker, [00:15:09] Melody Walker Bears-Lytran for the past 30 years. [00:15:12] I've helped to build her and Gary's house at Hampton Hall, [00:15:17] and that's where our friendship began. [00:15:20] I have watched her children go up over the years and become adults. [00:15:24] Melody has always been an incredible friend to me. [00:15:27] Melody always went the extra mile to make sure that I was okay in my life, [00:15:32] even at times when things were not good in hers. [00:15:35] I appreciate her more than you know, [00:15:38] especially six years ago when I was diagnosed with stage four cancer. [00:15:43] It took everything she had to help my friend Dave throw a surprise Christmas gathering for me, [00:15:49] but she did, [00:15:50] even when her world was falling apart. [00:15:53] We have done things over the years like dinner, social events, [00:15:56] just plain hanging out, [00:15:58] as Melody would give you the shirt off her back. [00:16:01] She always loved her children, [00:16:03] no matter what. [00:16:06] She loved Gary from the beginning [00:16:07] and stuck with him over the years, [00:16:10] stating and trying to raise their four children as a mothership. [00:16:15] She was there for Gary when he was sick. [00:16:18] She was there for her children when they needed her. [00:16:21] And she was there for all of us. [00:16:30] I believe we just will have some argument as a sentence, [00:16:34] but Ms. Ferris, [00:16:36] I want to address the quote. [00:16:40] I'll generally let her go last, [00:16:44] so long as she doesn't talk about [00:16:46] the facts of the case. [00:16:50] So y'all can go ahead and present. [00:16:53] I'm going to reverse that. [00:16:54] All right. [00:16:54] Go ahead. [00:16:55] Judges, [00:16:56] we've already addressed the murder issue. [00:16:59] We agree with that. [00:17:01] The fabricator itself should merge into the Mattel's murder count [00:17:04] based on the way that the indictment reads. [00:17:07] So the court will only be sentencing on count one, [00:17:09] count four, [00:17:10] as well as count five. [00:17:13] The court knows you can censor to a minimum of life, [00:17:17] as to count one, [00:17:18] or a maximum of life without the possibility of parole. [00:17:22] The court can also run consecutive to either one of those sentences, [00:17:27] a maximum of 15 years. [00:17:29] We will be asking the court to, [00:17:31] as to count one sentence, [00:17:32] spares to life with the possibility of parole. [00:17:35] As to count four, [00:17:36] ten years concurrent, [00:17:38] and as to count five, [00:17:39] five years concurrent, [00:17:41] both to count one. [00:17:43] Looking at [00:17:44] the Department of Corrections, [00:17:48] in my population, [00:17:49] who apparently is readily available online, [00:17:53] you can see that once a person gets over the age of 65, [00:17:59] their presence in the prison system [00:18:01] cringles dramatically. [00:18:02] Melody is currently 63 years old. [00:18:05] Any senator that this court gives, [00:18:08] if it gives her life with the possibility of parole, [00:18:11] with the current restrictions on parole eligibility being at 30 years for this sentence, [00:18:17] is essentially a death sentence for women's rights. [00:18:20] Before even being eligible and not guaranteed parole after 30 years, [00:18:24] that would make her 93 years old, [00:18:26] before she's eligible for parole. [00:18:28] And looking at the female population of the current Department of Corrections, [00:18:32] there are currently her age, [00:18:35] only 11 females currently in custody in state of Georgia. [00:18:39] If you go ten years from that, [00:18:41] you get to 74, [00:18:42] there is one, [00:18:43] and there are no females older than 74 currently housed within the Department of Corrections. [00:18:50] Based on that judgment, [00:18:52] the facts of the case, [00:18:54] as the court heard them, [00:18:56] there's a reason for this to be a trial, [00:18:58] and to be such a long trial. [00:19:00] I think that there was some doubt, [00:19:03] especially with the jury stating that at one point they weren't home, [00:19:06] and they'd come back with a verdict. [00:19:08] And we respect the jury's verdict, [00:19:09] although we do not agree with it. [00:19:12] So for those reasons, [00:19:14] her age, [00:19:16] her lack of criminal history, [00:19:18] which the court has heard hundreds of times here in all the bond hearings [00:19:21] that we have over the years, [00:19:23] of course, [00:19:24] she had no issue, [00:19:26] that the appropriate sentence in this case [00:19:30] would be the court's sentence or two wife on count one, [00:19:33] with counts four and five, [00:19:35] five and tens, [00:19:36] or one concurrent. [00:19:37] At least that will give her some possibility [00:19:40] of being parole eligible [00:19:41] at some point in the future. [00:19:43] All right. [00:19:44] Judge, [00:19:56] a jury has already convicted Melody Ferris [00:19:59] of all the crimes in this indictment. [00:20:02] They did not find doubt in this case. [00:20:06] They did not see the holes. [00:20:08] They saw the picture as clearly as Mr. Fogas, [00:20:10] Sergeant Hayes and I did, [00:20:12] and the family. [00:20:14] I want to start by talking about the aggravation in this case. [00:20:18] I think it's pretty clear. [00:20:20] The jury convicted her of concealment, [00:20:22] and within that concealment, [00:20:26] the facts were that she burned his body [00:20:29] to 33 pounds of a 300-pound man. [00:20:34] And the facts in this case also [00:20:36] made it clear that she wanted him found. [00:20:43] She watched Amanda and Scott both walk by the burn pile. [00:20:47] Amanda even taught something in there, [00:20:49] waiting for someone to find his remains [00:20:51] because she is not stupid. [00:20:54] She knew a body needed to be found. [00:20:58] So she points it out to Scott strategically. [00:21:02] Her child. [00:21:04] She made her children find this body. [00:21:08] Their father burned up in a burn pile. [00:21:12] The granddaughters were on the property [00:21:14] looking for him. [00:21:16] The fact that she used the children [00:21:19] and Lake Lanier [00:21:21] as an attempted alibi [00:21:23] is deplorable. [00:21:30] When you think about her statements to Rusty Barton, [00:21:34] when she states that body should not have been burned up, [00:21:37] she wanted her children to find their father. [00:21:47] I say all this to say [00:21:49] that the way Gary Ferris [00:21:51] was rolled out [00:21:53] after being shot by his wife [00:21:55] of 38 years [00:21:57] to a burn pile on his own property [00:22:00] disposed of like trash [00:22:03] when he had just been blessed [00:22:06] with a third granddaughter [00:22:07] six months before [00:22:08] and now he will never [00:22:11] and now he will never meet [00:22:11] the future grandchildren. [00:22:16] He was robbed of a life [00:22:18] as a grandfather [00:22:19] a father to his adult children [00:22:21] to help them navigate [00:22:23] the difficulties of life. [00:22:27] That was supposed to be [00:22:28] his best stage of life. [00:22:30] Being a grandparent [00:22:31] and Judge, I just want to point out [00:22:37] under 1710.30 [00:22:38] which does not apply to this case, [00:22:41] but a defendant [00:22:41] has a depravity of mind [00:22:43] who mutilates [00:22:45] or seriously disfigures [00:22:46] a victim's body [00:22:46] after death [00:22:47] may have been found [00:22:49] to have a depraved mind. [00:22:52] That's clear in this case. [00:22:55] Melanie Ferris [00:22:55] has a depraved mind. [00:22:58] That's aggravation. [00:23:02] And then throughout [00:23:03] the investigation [00:23:04] and the trial [00:23:05] continues to blame [00:23:06] her children [00:23:07] for this death [00:23:10] for this murder [00:23:11] of their father [00:23:12] and the grandfather [00:23:13] of their grandchildren. [00:23:19] She tainted and tarnished [00:23:20] her children's relationships [00:23:22] not only with each other [00:23:23] but tried to drag [00:23:27] their relationships [00:23:27] with their father [00:23:28] through the mud [00:23:29] when they had nothing [00:23:32] but love [00:23:32] and respect for him. [00:23:35] She successfully [00:23:36] divided her family [00:23:38] isolating Amanda [00:23:39] and it's all [00:23:42] for her own selfish motive. [00:23:44] All of this. [00:23:47] The motive evidence [00:23:48] in this case [00:23:49] was overwhelming. [00:23:53] Blaming her own sons [00:23:54] for a murder [00:23:55] she committed [00:23:55] is unsinkable [00:23:57] as a mom [00:23:58] and just as human. [00:24:01] This sentence [00:24:02] should not reflect [00:24:03] the defendant [00:24:04] where she is in life [00:24:05] because she chose [00:24:07] to commit this crime [00:24:08] at that time. [00:24:09] She chose [00:24:10] to commit this crime [00:24:12] six months [00:24:12] after Olivia was born. [00:24:16] But it should reflect [00:24:17] the life that was lost [00:24:19] and the way [00:24:21] it was lost [00:24:21] the manner [00:24:22] in which it was lost [00:24:23] at her hands [00:24:25] with her depraved heart [00:24:27] in mind. [00:24:30] Gary was a brilliant lawyer [00:24:32] a forgiving man [00:24:34] and a beloved [00:24:36] father and grandfather. [00:24:40] The sentence [00:24:41] should reflect [00:24:41] what his family [00:24:44] and what the world [00:24:46] has lost [00:24:46] and that deserves [00:24:49] the sentence [00:24:50] of imprisonment [00:24:51] of life [00:24:52] without the possibility [00:24:53] of parole. [00:24:55] Thank you, Judge. [00:24:58] All right. [00:24:59] Ms. Ferris, [00:24:59] if you have a statement. [00:25:01] I do. [00:25:02] I've written this [00:25:03] so that [00:25:04] I can get the door. [00:25:06] Okay. [00:25:06] July the 5th, [00:25:11] 2018, [00:25:12] six years, [00:25:14] five months [00:25:14] ago today [00:25:15] began the worst nightmare [00:25:17] that I could have [00:25:18] ever imagined. [00:25:20] Not only my world [00:25:21] but my family's world [00:25:22] was absolutely destroyed [00:25:24] at the hands [00:25:25] of one person. [00:25:27] I have had [00:25:28] six plus years [00:25:29] of being told [00:25:30] not to talk. [00:25:31] Don't say that. [00:25:33] Take legal advice. [00:25:35] I could walk [00:25:36] out of this courtroom [00:25:36] today [00:25:37] and drop over dead. [00:25:45] I want to make sure [00:25:46] that my children, [00:25:48] my grandchildren, [00:25:50] and Gary's family [00:25:51] and to be honest [00:25:52] at this point in time [00:25:53] the entire world [00:25:55] who has viewed this. [00:25:57] I have waited for years [00:25:59] to make this statement [00:26:01] to everyone. [00:26:04] I want the world [00:26:05] to know [00:26:06] who did this. [00:26:08] I have always heard [00:26:09] that the courtroom [00:26:10] is the last place [00:26:11] you're going to get [00:26:12] the truth [00:26:13] and has that ever [00:26:15] been proven [00:26:15] to be the truth [00:26:18] in this case. [00:26:22] Not only [00:26:23] did I not do this [00:26:25] but I know who did. [00:26:29] I know Scott [00:26:30] killed his father. [00:26:34] He took my husband [00:26:36] the father of Chris, [00:26:38] Emily, [00:26:39] and Amanda. [00:26:41] He took Big Daddy [00:26:42] from our grandchildren [00:26:45] Ella, [00:26:46] Addison, [00:26:47] Olivia, [00:26:48] Jax, [00:26:49] and James. [00:26:50] Three of them [00:26:51] who never [00:26:52] got to know Gary. [00:26:55] Scott, [00:26:56] this is unforgivable. [00:27:07] Scott, [00:27:07] I had spent [00:27:08] an entire life [00:27:10] of loving [00:27:11] and protecting you [00:27:12] but this [00:27:13] I refuse to cover [00:27:14] for you. [00:27:16] My mother, [00:27:18] your mom, [00:27:23] begged me [00:27:24] to take the blame [00:27:25] for this. [00:27:26] She said [00:27:26] after she talked [00:27:27] to you [00:27:28] after Gary died [00:27:29] that she knew [00:27:31] you had done it. [00:27:32] Her exact words [00:27:34] were [00:27:34] you are his mother [00:27:36] you have to [00:27:38] take blame [00:27:38] for this [00:27:39] and I told her [00:27:40] no that I couldn't. [00:27:42] I still have [00:27:42] three other children [00:27:44] grandchildren [00:27:45] and this is not [00:27:46] a stolen credit card [00:27:48] a check [00:27:49] or a diamond ring [00:27:50] that you've pulled [00:27:51] all of which [00:27:52] you have done. [00:27:55] I saw you [00:27:56] coming from [00:27:56] that burn pile [00:27:57] in the morning [00:27:58] of July [00:27:59] in your truck. [00:28:03] You told me [00:28:04] that you were [00:28:05] checking on the fire [00:28:06] to make sure [00:28:07] that it wasn't [00:28:07] going to get [00:28:08] the woods [00:28:09] on fire. [00:28:10] You told me [00:28:11] it was okay. [00:28:13] I asked you [00:28:13] a few weeks later [00:28:14] why you were [00:28:16] at that burn pile [00:28:17] in your truck [00:28:18] and you told me [00:28:20] that your dad [00:28:21] had told you [00:28:23] to clean up [00:28:23] the extra wood [00:28:24] that was [00:28:24] by the barn. [00:28:27] I told Hayes [00:28:28] that I had seen [00:28:29] Scott that morning [00:28:30] coming from [00:28:31] the burn pile. [00:28:32] So Hayes [00:28:33] where is that [00:28:34] recording? [00:28:35] I want to know. [00:28:37] You told me [00:28:38] there was [00:28:39] multiple recorders. [00:28:40] You did [00:28:41] but you sat here [00:28:41] in this courtroom [00:28:42] and you told me [00:28:43] you told this court [00:28:44] that you didn't [00:28:45] tell anybody [00:28:46] about recorders [00:28:46] but you did. [00:28:50] Where is that [00:28:51] recording [00:28:51] in the interview? [00:28:53] You, Scott, [00:28:55] immediately [00:28:55] started saying [00:28:57] that there was [00:28:57] a gun missing. [00:28:59] A gun that [00:29:00] nobody knew about. [00:29:01] You never [00:29:02] mentioned before. [00:29:04] I asked you [00:29:04] more days [00:29:05] than not [00:29:06] where your dad [00:29:07] was [00:29:07] and this was [00:29:08] the first time [00:29:09] you ever [00:29:09] had that response. [00:29:11] There's a gun [00:29:12] missing. [00:29:13] You should [00:29:13] immediately [00:29:14] you did [00:29:15] start [00:29:15] immediately [00:29:16] spinning [00:29:16] your story [00:29:17] when you [00:29:18] found out [00:29:18] that Addison [00:29:19] and Cameron [00:29:20] were there [00:29:20] the night [00:29:21] before. [00:29:21] You got [00:29:22] so angry. [00:29:23] Now [00:29:24] I know [00:29:24] why. [00:29:26] When I [00:29:27] went to [00:29:27] feed the [00:29:27] baby goat [00:29:28] the morning [00:29:29] Your Honor, [00:29:30] I'm not [00:29:30] a judge of [00:29:31] this morning. [00:29:31] It's all [00:29:32] about [00:29:32] the case. [00:29:33] You, [00:29:34] in fact, [00:29:35] the statement [00:29:36] needs to [00:29:36] not be [00:29:37] about [00:29:37] the case. [00:29:37] All right. [00:29:38] Well, [00:29:38] Ms. Ferris, [00:29:42] really not [00:29:42] supposed to [00:29:43] go into [00:29:43] the evidence [00:29:44] of this [00:29:44] phase of [00:29:45] the case [00:29:46] and what [00:29:49] I typically [00:29:49] do is [00:29:50] if [00:29:51] defendant [00:29:52] wants to [00:29:53] go into [00:29:53] the facts [00:29:53] of the [00:29:53] case, [00:29:54] I'm going [00:29:54] to allow [00:29:54] the state [00:29:55] to cross-examine [00:29:56] or ask [00:29:57] questions, [00:29:58] which I don't [00:29:58] really anticipate [00:29:59] you want to [00:30:00] do. [00:30:00] I would [00:30:02] just ask [00:30:02] to close [00:30:04] your statement [00:30:05] needs to [00:30:06] be constrained [00:30:07] to the [00:30:09] punishment [00:30:10] and if [00:30:13] there's [00:30:13] things you [00:30:14] want to talk [00:30:15] about in [00:30:15] relation to [00:30:16] that and [00:30:16] how I [00:30:17] should sentence [00:30:17] you, [00:30:19] I don't [00:30:19] have a [00:30:20] problem if [00:30:20] you want [00:30:21] to continue [00:30:21] to profess [00:30:22] your innocence, [00:30:22] evidence but [00:30:23] we're not [00:30:24] going to go [00:30:25] on for a [00:30:26] significant period [00:30:27] of time [00:30:27] when you [00:30:28] resuscitate [00:30:29] your view [00:30:32] of the case [00:30:33] and your [00:30:34] opinion as to [00:30:35] what the [00:30:35] evidence is [00:30:36] without your [00:30:37] prior testimony [00:30:38] and without [00:30:41] the state [00:30:44] being able [00:30:44] to cross-examine [00:30:46] it, it's [00:30:47] not proper. [00:30:49] So I'm going [00:30:49] to ask you [00:30:50] to restrain [00:30:50] your remarks [00:30:51] to comply [00:30:54] with those [00:30:55] directions. [00:31:01] Judge, [00:31:01] this needs [00:31:02] to be [00:31:02] known. [00:31:03] Well. [00:31:05] I'll just [00:31:06] ask to respond, [00:31:07] Judge. [00:31:07] All right. [00:31:10] All right. [00:31:11] Go ahead. [00:31:21] I went to [00:31:21] feed the [00:31:22] baby goat [00:31:22] the morning [00:31:23] of July the [00:31:24] 5th before [00:31:25] I left [00:31:26] for the [00:31:26] lake. [00:31:28] I saw [00:31:28] where you [00:31:29] had washed [00:31:29] out the [00:31:29] barn. [00:31:31] I later [00:31:31] found that [00:31:32] several bottles [00:31:32] of housewash [00:31:33] were missing [00:31:34] after this [00:31:35] all happened [00:31:35] several weeks [00:31:36] ago. [00:31:37] now I [00:31:38] know why. [00:31:39] The photos [00:31:40] of your [00:31:41] bathroom [00:31:41] spotlessly [00:31:42] cleaned. [00:31:44] Now I [00:31:45] know why. [00:31:48] I know [00:31:49] why you [00:31:49] demanded me [00:31:50] to move the [00:31:50] tractor that [00:31:51] you so [00:31:52] were upset [00:31:52] about it [00:31:53] being in the [00:31:53] place. [00:31:54] Now I [00:31:55] know why. [00:32:00] Scott, [00:32:00] Scott, [00:32:01] you called [00:32:01] me on [00:32:03] July the [00:32:03] 4th and [00:32:04] asked me [00:32:05] what my [00:32:05] plans were [00:32:06] for the [00:32:06] day. [00:32:09] And I [00:32:09] told you I [00:32:10] was going to [00:32:10] the lake [00:32:11] with Amanda [00:32:11] and you [00:32:12] were so [00:32:13] glad that I [00:32:14] was going. [00:32:15] thought it [00:32:15] odd then. [00:32:16] Now I [00:32:17] know why. [00:32:21] I found [00:32:22] copies of [00:32:23] my birth [00:32:23] certificate, [00:32:24] your dad's [00:32:25] birth [00:32:25] certificate, [00:32:26] our marriage [00:32:26] license in [00:32:27] your truck. [00:32:29] Now I [00:32:30] know why. [00:32:38] Scott, [00:32:39] I saw [00:32:39] Gary going [00:32:40] to that [00:32:40] barn the [00:32:41] night of [00:32:42] July the [00:32:42] 3rd right [00:32:43] after you [00:32:44] got home. [00:32:46] And then [00:32:46] Scott is [00:32:47] going, [00:32:48] and I [00:32:48] thought then [00:32:48] Scott's [00:32:49] going to be [00:32:49] in trouble [00:32:50] for staying [00:32:50] at the [00:32:50] lake and [00:32:51] playing golf [00:32:51] all the time. [00:32:53] Never in a [00:32:54] million years [00:32:55] did I ever [00:32:56] think that [00:32:57] this nightmare [00:32:57] was starting [00:32:58] then. [00:33:01] I told [00:33:02] you, [00:33:04] Detective [00:33:05] Hayes, [00:33:05] that I saw [00:33:06] Scott going [00:33:06] over there [00:33:07] to the [00:33:07] barn. [00:33:08] Where is [00:33:08] that in [00:33:08] the [00:33:09] recording? [00:33:09] A bag. [00:33:11] I knew [00:33:12] exactly [00:33:12] where and [00:33:13] when I [00:33:14] was [00:33:14] standing. [00:33:15] Scott, [00:33:16] you put [00:33:16] antifreeze [00:33:17] under my [00:33:18] kitchen sink [00:33:18] to set me [00:33:19] up for this. [00:33:20] Only you [00:33:21] would have [00:33:22] known where [00:33:22] it was [00:33:23] because it [00:33:23] was for [00:33:24] the [00:33:24] Mercedes. [00:33:29] When [00:33:29] Amanda and [00:33:30] I were [00:33:30] putting that [00:33:31] house back [00:33:31] together, [00:33:32] you sat [00:33:32] in there [00:33:33] and watched [00:33:33] us like [00:33:34] a hawk. [00:33:35] Now I [00:33:36] know why. [00:33:37] You [00:33:40] became so [00:33:41] angry when [00:33:41] the fire [00:33:42] investigator [00:33:42] came in [00:33:44] July, [00:33:44] weeks after [00:33:45] this nightmare [00:33:46] started. [00:33:47] Now I [00:33:47] know why [00:33:48] you were [00:33:48] so angry. [00:33:50] Scott, [00:33:50] you failed [00:33:51] your polygraph [00:33:52] test. [00:33:54] You recorded [00:33:55] meetings at the [00:33:56] attorney's office [00:33:57] and turned [00:33:58] them over to [00:33:59] the DA's [00:33:59] office. [00:34:00] We hired [00:34:01] Manny to [00:34:02] help us. [00:34:03] Emily is [00:34:04] the one [00:34:04] who used [00:34:05] her daddy's [00:34:06] credit card [00:34:06] to pay for [00:34:07] that attorney. [00:34:10] Scott, [00:34:11] you got so [00:34:11] angry that [00:34:12] your sister [00:34:13] Amanda was [00:34:13] getting my [00:34:14] personal clothes [00:34:15] and my [00:34:16] personal things [00:34:16] to the point [00:34:17] that Cherokee [00:34:18] County had [00:34:18] to be called. [00:34:20] that is not [00:34:22] the actions [00:34:22] of the same [00:34:23] person. [00:34:25] Scott's anger [00:34:26] issues have all [00:34:27] been a huge [00:34:28] issue. [00:34:29] When he was in [00:34:30] kindergarten in [00:34:31] elementary school, [00:34:32] Chris would... [00:34:33] at this point [00:34:35] she's dragging [00:34:36] Scott through [00:34:37] the lens. [00:34:39] This is not [00:34:40] possible. [00:34:41] Ms. Ferris, [00:34:43] I'm going to [00:34:44] cut you off [00:34:44] if you keep [00:34:45] just wanting to [00:34:47] resuscitate facts [00:34:48] that aren't before [00:34:48] the court. [00:34:50] Ms. Frankish, [00:34:51] I'll give you a [00:34:52] chance to respond [00:34:53] to the extent [00:34:54] that you want [00:34:55] to and give [00:34:56] you a closing [00:34:57] statement. [00:35:03] I am the [00:35:06] mother that [00:35:07] was always [00:35:07] there for my [00:35:08] children, [00:35:09] even though [00:35:10] they had done [00:35:10] things that [00:35:11] were wrong. [00:35:13] Chris, [00:35:14] who took care [00:35:15] of your girls [00:35:16] and loved them [00:35:16] if they were [00:35:17] my own? [00:35:19] Who came [00:35:20] and got them [00:35:20] off the street [00:35:21] when you were [00:35:24] acting an [00:35:24] absolute fool [00:35:25] because they [00:35:26] were scared [00:35:27] to death? [00:35:28] Who drove [00:35:29] down to [00:35:29] Buckhead [00:35:30] and got [00:35:30] your children? [00:35:33] Now, [00:35:37] just to kind [00:35:39] of give you [00:35:39] some direction. [00:35:41] Things that [00:35:42] are appropriate, [00:35:43] you helping [00:35:44] take care of [00:35:44] your family, [00:35:45] raise your [00:35:45] family, [00:35:46] those kind [00:35:46] of things, [00:35:47] what you've [00:35:47] done throughout [00:35:48] your life, [00:35:49] and asking [00:35:49] the court [00:35:50] to exert [00:35:50] some sort [00:35:51] of mercy [00:35:52] on you, [00:35:53] things of [00:35:54] that nature [00:35:54] are appropriate. [00:35:55] So you can [00:35:56] talk about [00:35:57] those kind [00:35:57] of things, [00:35:58] but let's [00:35:58] don't go [00:35:58] into the [00:35:59] individual facts [00:36:01] or things [00:36:02] that haven't [00:36:03] been previously [00:36:03] presented to [00:36:04] the court. [00:36:04] Okay? [00:36:05] All right, [00:36:06] go ahead. [00:36:07] I love [00:36:07] Ella and [00:36:08] Addison [00:36:09] more than [00:36:10] life itself, [00:36:11] and it was [00:36:11] their life [00:36:12] or mine, [00:36:13] it would [00:36:13] be mine [00:36:14] in a heartbeat. [00:36:16] Emily, [00:36:17] who helped [00:36:17] you move [00:36:18] to and [00:36:20] from an [00:36:20] apartment [00:36:21] and a [00:36:21] house [00:36:21] in 19-degree [00:36:24] weather, [00:36:25] even though [00:36:25] I knew [00:36:26] that you were [00:36:26] trying to [00:36:26] keep it [00:36:27] from me, [00:36:28] I was [00:36:28] always there [00:36:29] for you. [00:36:30] I came [00:36:31] back to [00:36:31] you in [00:36:32] Thompson [00:36:32] Station [00:36:33] after your [00:36:34] husband was [00:36:35] arrested to [00:36:36] care for [00:36:36] you and [00:36:37] Olivia. [00:36:39] I am so [00:36:40] sorry that [00:36:42] your children [00:36:43] will never [00:36:44] know their [00:36:44] big daddy. [00:36:47] Amanda and [00:36:48] Chad, [00:36:48] words cannot [00:36:49] express my [00:36:50] gratitude for [00:36:51] everything that [00:36:52] you've done [00:36:52] for me. [00:36:54] Thank you so [00:36:55] very much, [00:36:56] and I was [00:36:56] fortunate enough [00:36:57] to get to [00:36:57] care for [00:36:58] James every [00:36:59] day since [00:36:59] he was [00:37:00] three weeks [00:37:00] old. [00:37:01] He is my [00:37:02] pride and [00:37:03] joy. [00:37:04] Love for [00:37:05] that little [00:37:05] boy is [00:37:07] unbelievable. [00:37:10] I spent [00:37:11] 18 plus [00:37:12] months in [00:37:13] the Cherokee [00:37:13] County jail [00:37:14] over something [00:37:16] that I did [00:37:16] not do. [00:37:19] The last [00:37:20] thing, I [00:37:20] thought that [00:37:21] that was the [00:37:21] last thing I [00:37:22] could do to [00:37:22] Gary, for [00:37:24] him, to [00:37:24] get justice [00:37:25] for him. [00:37:27] I can [00:37:31] remember [00:37:32] thinking, [00:37:34] it's okay [00:37:35] that I [00:37:36] sit here. [00:37:37] I just [00:37:37] want answers. [00:37:39] That's all [00:37:39] I want. [00:37:41] And I [00:37:41] still haven't [00:37:42] got them. [00:37:44] And I [00:37:44] don't think [00:37:45] that I [00:37:45] ever will. [00:37:46] And that [00:37:47] scares me [00:37:48] to death. [00:37:52] Amanda was [00:37:52] the only [00:37:53] one of my [00:37:54] children [00:37:54] that got [00:37:55] up here [00:37:55] and told [00:37:56] the truth. [00:37:57] And I [00:37:59] thank her [00:38:00] for that [00:38:00] every day. [00:38:06] Judge [00:38:06] Cannon, [00:38:08] I have [00:38:08] so many [00:38:09] questions, [00:38:09] so many [00:38:10] whines. [00:38:12] Why were [00:38:12] so many [00:38:13] things not [00:38:14] their task? [00:38:17] Why was [00:38:18] the barn [00:38:18] never [00:38:18] checked? [00:38:20] I think [00:38:21] that would [00:38:21] have given [00:38:22] us so [00:38:22] many answers. [00:38:25] why did [00:38:26] they run [00:38:26] out of [00:38:27] blue [00:38:27] stars? [00:38:28] They were [00:38:29] on my [00:38:29] property [00:38:29] for days. [00:38:32] I begged [00:38:32] of you [00:38:33] to get [00:38:33] answers. [00:38:37] I'm [00:38:37] Judge [00:38:38] Cannon. [00:38:38] I'm [00:38:39] begging [00:38:39] for justice [00:38:40] for Gary, [00:38:41] for my [00:38:42] children, [00:38:43] for my [00:38:43] grandchildren, [00:38:44] for Gary's [00:38:45] family. [00:38:46] And I [00:38:47] am begging [00:38:47] that you [00:38:48] throw out [00:38:49] this [00:38:49] verdict. [00:38:50] Be the [00:38:51] 13th [00:38:51] juror. [00:38:53] help us [00:38:54] get [00:38:54] justice. [00:38:55] I did [00:38:56] not do [00:38:56] this. [00:38:57] I promise [00:38:57] you all [00:38:58] my life [00:38:59] the 18 [00:39:01] months that [00:39:02] I did in [00:39:02] Cherokee [00:39:02] County was [00:39:03] nothing [00:39:04] compared to [00:39:05] the last [00:39:06] month that [00:39:06] I spent [00:39:06] in there. [00:39:08] Now I [00:39:08] know that [00:39:09] Cherokee [00:39:09] County did [00:39:10] not do [00:39:10] the job [00:39:11] in the [00:39:11] investigation. [00:39:13] They took [00:39:13] Scott's [00:39:14] story and [00:39:14] ran with [00:39:15] it. [00:39:18] I know [00:39:19] that in [00:39:19] my heart [00:39:20] body and [00:39:20] soul [00:39:21] who did [00:39:22] this and [00:39:23] I'm begging [00:39:24] for help. [00:39:25] I'm begging [00:39:25] you Judge [00:39:26] Cannon. [00:39:28] Please do [00:39:28] not send [00:39:29] me to [00:39:29] prison for [00:39:29] something I [00:39:30] didn't do. [00:39:32] I did [00:39:33] not do [00:39:33] this. [00:39:36] If I [00:39:36] had done [00:39:37] this I [00:39:37] would take [00:39:37] this charge [00:39:38] gladly. [00:39:40] If it [00:39:41] would bring [00:39:41] Gary back [00:39:42] I would [00:39:43] gladly go [00:39:44] to prison. [00:39:48] I do [00:39:48] not want [00:39:48] to wait [00:39:49] years for [00:39:50] an appeal. [00:39:53] I've [00:39:53] waited six [00:39:54] years and [00:39:54] five months [00:39:55] for justice [00:39:56] already but [00:39:57] here we [00:39:57] are. [00:39:58] Maybe I [00:39:59] should have [00:39:59] testified but [00:40:01] I listened [00:40:02] to legal [00:40:02] counsel. [00:40:04] I wanted [00:40:05] the truth [00:40:06] out there and [00:40:07] this is why [00:40:07] I am making [00:40:08] the statement. [00:40:10] I will [00:40:10] talk to [00:40:11] any and [00:40:12] everyone who [00:40:13] can help [00:40:13] me and my [00:40:14] family. [00:40:16] I never [00:40:16] wanted my [00:40:17] family's [00:40:18] life to be [00:40:18] played out [00:40:19] for the [00:40:19] world to [00:40:19] see. [00:40:20] It is a [00:40:21] mother's job [00:40:22] to protect [00:40:22] her children [00:40:23] and I [00:40:25] cannot protect [00:40:25] the person [00:40:26] who did [00:40:26] this. [00:40:29] We can't [00:40:30] replace [00:40:30] Gary. [00:40:32] That is [00:40:34] unforgivable. [00:40:36] I promise [00:40:37] you to work [00:40:38] hand in [00:40:39] hand with [00:40:39] the DA's [00:40:40] office but [00:40:41] what scares [00:40:42] me the most [00:40:43] is that [00:40:44] because of [00:40:46] several [00:40:46] individuals [00:40:47] so many [00:40:49] others in [00:40:50] this county [00:40:50] that did [00:40:51] not do [00:40:51] their job [00:40:52] justice [00:40:54] will never [00:40:55] be done. [00:40:56] For the [00:40:57] last six [00:40:57] years and [00:40:58] five months [00:40:58] my every [00:40:59] thought has [00:41:00] been consumed [00:41:01] with this. [00:41:03] No matter [00:41:04] what I do [00:41:05] it never [00:41:06] leaves. [00:41:07] and until [00:41:07] you have [00:41:08] believed this [00:41:09] nobody can [00:41:10] understand [00:41:10] and I [00:41:12] would not [00:41:12] wish this [00:41:13] on anybody. [00:41:14] When I [00:41:15] heard of the [00:41:15] mother of [00:41:16] the boy at [00:41:17] the Appalachee [00:41:17] school shooting [00:41:18] she called [00:41:20] to tell that [00:41:21] her own son [00:41:22] was going to [00:41:22] the school [00:41:23] with a gun [00:41:23] and my heart [00:41:24] broke for her. [00:41:27] This is a [00:41:28] mother's worst [00:41:29] nightmare. [00:41:31] Judge Cannon [00:41:32] I beg of you [00:41:33] for help. [00:41:35] This is one [00:41:35] parent to [00:41:36] another. [00:41:37] Help me get [00:41:38] justice for [00:41:39] Gary and my [00:41:40] family. [00:41:47] A mother [00:41:48] or at least [00:41:49] not this [00:41:50] mother [00:41:50] does not [00:41:51] blame her [00:41:52] child unless [00:41:53] she knows [00:41:53] he did it. [00:41:55] Not thinks [00:41:56] knows. [00:41:57] And I would [00:41:58] never sit [00:41:59] here and [00:41:59] let the [00:41:59] attorneys [00:42:00] lay blame [00:42:03] to him [00:42:04] if I [00:42:05] didn't know [00:42:05] that you [00:42:07] have no [00:42:07] idea how [00:42:08] heart [00:42:09] wrenching [00:42:09] this is. [00:42:12] John Luke [00:42:12] says I'm [00:42:13] the most [00:42:14] stoic [00:42:15] person [00:42:16] she's ever [00:42:18] met. [00:42:19] Our response [00:42:20] was you [00:42:21] never know [00:42:22] how strong [00:42:24] you are [00:42:24] until that's [00:42:25] your only [00:42:25] choice. [00:42:31] so before [00:42:32] it said [00:42:32] that the [00:42:35] only reason [00:42:35] I'm telling [00:42:36] you this [00:42:36] is because [00:42:37] I got a [00:42:37] guilty [00:42:38] verdict. [00:42:39] It's not [00:42:39] if it had [00:42:42] come back [00:42:43] as not [00:42:43] guilty [00:42:43] I would [00:42:44] have still [00:42:45] been begging [00:42:46] for justice [00:42:47] for help [00:42:48] getting the [00:42:49] right person [00:42:50] convicted. [00:42:51] As soon [00:42:52] as I walked [00:42:53] out of the [00:42:53] courtroom [00:42:53] I promise [00:42:54] you I [00:42:55] would have [00:42:55] done that. [00:42:57] Chris [00:42:58] Emily [00:42:58] Amanda [00:42:59] Ella [00:43:00] Edison [00:43:01] Olivia [00:43:02] Jack [00:43:03] and James [00:43:04] I'm doing [00:43:06] this for [00:43:06] you. [00:43:08] Gary is [00:43:08] gone [00:43:09] and trust [00:43:10] me [00:43:10] when I say [00:43:16] that he is [00:43:16] in a better [00:43:17] place [00:43:17] because this [00:43:19] has been [00:43:20] the worst [00:43:20] nightmare [00:43:21] it's been [00:43:22] hell on [00:43:22] earth. [00:43:33] Knowing [00:43:33] that your [00:43:34] own son [00:43:35] did this [00:43:35] and it's [00:43:40] only been [00:43:41] by the [00:43:41] grace of [00:43:42] God [00:43:42] that I [00:43:44] have survived [00:43:45] this last [00:43:45] six years [00:43:46] and five [00:43:47] months. [00:43:48] If I [00:43:48] could I [00:43:49] would gladly [00:43:49] trade places [00:43:50] with Gary. [00:43:56] Judge [00:43:56] Cannon [00:43:57] I am [00:43:58] begging you [00:43:59] for help. [00:44:03] Please do [00:44:03] this for [00:44:04] Gary [00:44:04] and my [00:44:05] family. [00:44:07] I have [00:44:08] missed years [00:44:08] with the [00:44:10] people that [00:44:10] I love [00:44:11] dearly. [00:44:14] Help me [00:44:14] restore my [00:44:15] family. [00:44:16] Be the [00:44:17] person in [00:44:18] Cherokee [00:44:18] County [00:44:18] that it [00:44:21] is their [00:44:21] task. [00:44:22] I do [00:44:23] not want [00:44:24] years. [00:44:25] I do [00:44:26] not want [00:44:26] to wait [00:44:26] years for [00:44:27] justice. [00:44:28] Years that [00:44:28] I may not [00:44:29] have. [00:44:30] I know [00:44:30] this is [00:44:31] something [00:44:31] that you [00:44:32] may never [00:44:32] have seen [00:44:33] before. [00:44:34] And I [00:44:34] plead with [00:44:35] you to [00:44:36] throw this [00:44:36] verdict out. [00:44:37] Help me [00:44:38] get justice [00:44:38] for the [00:44:39] for the [00:44:39] correct [00:44:39] person. [00:44:46] As bad [00:44:47] as it [00:44:47] sounds, [00:44:48] I want [00:44:48] to be [00:44:48] there to [00:44:49] watch him [00:44:50] chained and [00:44:51] shackled and [00:44:51] brought to [00:44:52] justice. [00:44:52] I plead [00:44:53] with you. [00:44:58] This is [00:44:59] something I [00:44:59] will never [00:45:00] recover from. [00:45:01] I don't [00:45:01] know that my [00:45:02] family will [00:45:03] ever recover [00:45:03] from. [00:45:07] Please [00:45:08] help me. [00:45:09] I'm begging [00:45:10] you to [00:45:11] restore my [00:45:12] faith in [00:45:12] the judicial [00:45:13] system. [00:45:15] I'm begging [00:45:15] you, not [00:45:16] for me, but [00:45:18] for Gary [00:45:18] and my [00:45:19] children and [00:45:20] my [00:45:20] grandchildren. [00:45:23] All right. [00:45:26] Ms. Frankish, [00:45:26] you want to [00:45:27] respond to [00:45:27] anything? [00:45:28] Very good [00:45:28] to you, [00:45:28] Judge. [00:45:30] When the [00:45:31] attorney found [00:45:31] the opportunity [00:45:32] to give [00:45:32] service, [00:45:33] your [00:45:33] honor was [00:45:33] I believe [00:45:34] the president [00:45:34] for that. [00:45:36] For Scott's [00:45:37] sake, they [00:45:38] ruled him [00:45:39] out in the [00:45:40] very beginning [00:45:41] of deliberations. [00:45:44] First [00:45:45] statement, I [00:45:46] ask that [00:45:47] you take [00:45:47] note of [00:45:48] his inconsistencies [00:45:49] with the [00:45:49] evidence, [00:45:50] respect the [00:45:51] jury's [00:45:51] verdict, which [00:45:53] I know [00:45:53] will do. [00:45:55] But that, [00:45:57] the verdict [00:45:58] has spoken. [00:46:02] And we [00:46:02] ask, in [00:46:04] addition to [00:46:04] what we [00:46:05] previously [00:46:05] asked, [00:46:06] Judge, [00:46:06] as a [00:46:07] condition that [00:46:07] she never [00:46:08] profit from [00:46:08] this story, [00:46:10] from this [00:46:10] crime, I [00:46:12] just ask [00:46:13] that you [00:46:13] include that [00:46:13] into her [00:46:14] sentence. [00:46:16] All right. [00:46:22] as we've [00:46:31] indicated, [00:46:32] jury have [00:46:37] returned a [00:46:37] verdict guilty [00:46:38] to all [00:46:38] counts. [00:46:42] Count one, [00:46:43] the malice [00:46:43] murderer [00:46:44] being the [00:46:45] primary charge. [00:46:48] Count two [00:46:49] would be [00:46:49] vacated as a [00:46:50] matter of [00:46:50] law based [00:46:51] upon the [00:46:51] conviction [00:46:51] in count [00:46:52] one. [00:46:54] Count three, [00:46:54] aggravated [00:46:55] assault would [00:46:55] merge into [00:46:56] the malice [00:46:56] murder. [00:47:05] I don't, [00:47:08] without going [00:47:09] into a lot [00:47:11] of detail [00:47:11] or my [00:47:12] thoughts on [00:47:13] it, [00:47:14] jury's [00:47:15] made [00:47:15] determination [00:47:16] that [00:47:17] Ms. [00:47:17] Ferris [00:47:17] was [00:47:18] responsible [00:47:18] for [00:47:18] her [00:47:18] husband's [00:47:19] death [00:47:19] and [00:47:19] she [00:47:20] was [00:47:20] found [00:47:20] guilty [00:47:20] of [00:47:20] all [00:47:21] charges. [00:47:24] I don't [00:47:26] have much [00:47:26] latitude in [00:47:27] sentencing. [00:47:28] The legislature [00:47:29] has spoken [00:47:30] and the [00:47:30] penalty for [00:47:31] murder is [00:47:32] life. [00:47:33] The only [00:47:34] determination [00:47:34] I have is [00:47:35] whether I [00:47:36] would be [00:47:36] with parole [00:47:37] or without [00:47:38] parole. [00:47:39] I don't [00:47:40] believe this [00:47:40] is a case [00:47:41] that justifies [00:47:42] a life [00:47:42] without parole [00:47:43] sentence. [00:47:43] I'm going to [00:47:44] sentence to [00:47:44] life with [00:47:45] parole [00:47:46] or life [00:47:48] with the [00:47:48] possibility [00:47:49] of parole. [00:47:49] I don't [00:47:49] have any [00:47:50] control over [00:47:50] parole. [00:47:51] That's up [00:47:51] to the [00:47:53] parole board [00:47:53] under the [00:47:56] current [00:47:56] guidelines [00:47:57] and sentencing [00:47:57] structure with [00:47:58] them. [00:47:59] A life [00:48:00] sentence is [00:48:00] a minimum [00:48:02] 30 years [00:48:03] before you [00:48:03] would be [00:48:04] considered [00:48:04] for parole [00:48:05] at this [00:48:05] point. [00:48:07] I [00:48:08] recognize [00:48:08] that is [00:48:09] likely [00:48:09] a life [00:48:10] sentence [00:48:11] for you. [00:48:13] But [00:48:14] you'll have [00:48:15] the hope [00:48:16] and possibility [00:48:17] of parole. [00:48:19] As to [00:48:20] count [00:48:20] four, [00:48:22] which has [00:48:22] a maximum [00:48:23] of 10 [00:48:23] years, [00:48:25] I'm not, [00:48:26] as I said, [00:48:27] I wasn't [00:48:27] going to [00:48:28] sentence [00:48:29] life without [00:48:30] parole. [00:48:31] However, [00:48:32] I do feel [00:48:32] like there's [00:48:33] some additional [00:48:33] consideration [00:48:34] that needs [00:48:34] to be [00:48:34] taken as [00:48:36] to count [00:48:36] four. [00:48:37] The [00:48:38] concealing [00:48:38] the death [00:48:38] of another. [00:48:43] Presumably [00:48:44] the point [00:48:44] of that [00:48:45] was, [00:48:46] or the, [00:48:46] so you [00:48:46] were found [00:48:47] guilty of [00:48:47] burning, [00:48:53] discarding [00:48:53] and burning [00:48:54] body of [00:48:55] Gary Wayne [00:48:55] Ferris, [00:48:56] hindering [00:48:56] discovery of [00:48:57] whether the [00:48:57] person was [00:48:57] unlawfully [00:48:58] killed. [00:48:58] That [00:48:58] definitely [00:48:59] hindered [00:49:02] the [00:49:02] investigation [00:49:03] and [00:49:05] shows [00:49:09] additional [00:49:10] level of [00:49:10] criminal [00:49:11] intent. [00:49:13] I'm going [00:49:14] to sentence [00:49:15] to five [00:49:15] years [00:49:16] consecutive [00:49:16] on the [00:49:19] life sentence [00:49:20] as to [00:49:21] count [00:49:21] four, [00:49:21] concealing [00:49:22] a death [00:49:22] with another. [00:49:23] The false [00:49:24] statements, [00:49:25] that being [00:49:26] lying to [00:49:30] law [00:49:31] enforcement [00:49:31] about the [00:49:32] relationship [00:49:32] with [00:49:34] with Mr. [00:49:41] Barton, [00:49:43] I believe [00:49:45] if law [00:49:48] enforcement [00:49:48] didn't know [00:49:49] about it at [00:49:49] the time, [00:49:50] they knew [00:49:50] about it [00:49:50] shortly [00:49:51] thereafter. [00:49:52] It was [00:49:52] well known. [00:49:54] It didn't [00:49:55] take a lot [00:49:55] of effort [00:49:56] to make [00:49:56] that [00:49:57] determination. [00:49:57] I don't [00:49:58] really find [00:49:58] that that's [00:50:00] anything [00:50:01] additional [00:50:02] that needs [00:50:02] additional [00:50:03] punishment [00:50:05] so I'll [00:50:08] run the [00:50:08] five years [00:50:09] concurrent [00:50:10] as to [00:50:13] count [00:50:14] five. [00:50:16] So that [00:50:16] would be [00:50:17] a life [00:50:19] plus [00:50:19] five [00:50:20] with the [00:50:23] possibility [00:50:24] of parole. [00:50:25] And that [00:50:25] would be [00:50:25] the same [00:50:26] thing. [00:50:27] Hmm? [00:50:27] Count five [00:50:28] would be [00:50:30] concurrent [00:50:30] with count [00:50:31] four and [00:50:32] the other [00:50:33] counts. [00:50:35] She'd be [00:50:36] eligible for [00:50:37] the time [00:50:38] credit for [00:50:39] the time [00:50:39] that she's [00:50:40] served in [00:50:40] the Cherokee [00:50:40] County Jail [00:50:41] subject to [00:50:42] the [00:50:43] affidavit, [00:50:44] jailer's [00:50:44] affidavit [00:50:44] from the [00:50:45] sheriff's [00:50:45] office. [00:50:47] To the [00:50:47] extent that [00:50:47] that gives [00:50:48] her credit [00:50:49] for her [00:50:49] sentence, [00:50:50] she would [00:50:50] receive that. [00:50:52] with it [00:51:03] being a [00:51:03] life [00:51:03] sentence [00:51:04] and her [00:51:04] being in [00:51:05] control of [00:51:10] the Department [00:51:11] of Corrections, [00:51:12] are there [00:51:13] anything that [00:51:15] you want me [00:51:16] to put as a [00:51:17] condition of [00:51:17] her sentence? [00:51:18] that she's [00:51:32] not to have, [00:51:33] she may not [00:51:34] have direct [00:51:35] communication [00:51:35] with, [00:51:37] well, [00:51:38] I mean, [00:51:38] she may have [00:51:39] some of the [00:51:39] family that [00:51:40] wants to [00:51:40] reach out to [00:51:41] her, [00:51:41] so what I [00:51:42] would say [00:51:42] is she's [00:51:42] not to have [00:51:43] any contact [00:51:43] with family [00:51:47] members. [00:51:48] I don't know [00:51:49] who they would [00:51:49] even notify [00:51:50] other than [00:51:51] the prison, [00:51:54] so anyone [00:51:59] that want, [00:51:59] any members [00:52:00] of the family [00:52:00] that want to [00:52:01] have contact [00:52:03] with you [00:52:04] may contact [00:52:05] you. [00:52:07] They'll need [00:52:07] to reach out [00:52:08] to the, [00:52:08] I guess, [00:52:09] the warden's [00:52:10] office first [00:52:10] and let [00:52:12] them know [00:52:12] that they [00:52:13] want to [00:52:13] allow you [00:52:14] to have [00:52:14] contact [00:52:14] with them [00:52:15] so you [00:52:15] can call [00:52:15] out to [00:52:17] whoever has [00:52:18] given approval [00:52:19] to the [00:52:21] ward. [00:52:22] As far [00:52:23] as the [00:52:23] other [00:52:24] provision, [00:52:25] I'm not [00:52:26] going to [00:52:27] make any [00:52:32] condition as [00:52:33] to that. [00:52:34] That will [00:52:34] be something [00:52:34] that would [00:52:35] be left [00:52:35] to a [00:52:36] civil court [00:52:37] if there [00:52:37] is a [00:52:38] lawsuit [00:52:38] down the [00:52:39] road in [00:52:39] judgment, [00:52:40] et cetera. [00:52:40] All right, [00:52:42] that'll be [00:52:43] sentence [00:52:43] court. [00:52:46] Yes. [00:53:01] All right. [00:53:04] Execute the [00:53:04] non-prost [00:53:05] on the [00:53:05] other [00:53:06] indictment [00:53:06] based upon [00:53:08] the conviction [00:53:08] on this [00:53:09] case. [00:53:10] Okay. [00:53:40] we got [00:53:44] I got [00:53:45] another [00:53:45] sentencing [00:53:46] but it's [00:53:46] not for [00:53:46] another [00:53:47] 35 minutes [00:53:49] so if [00:53:50] y'all [00:53:50] want to [00:53:51] break stuff [00:53:52] down, [00:53:52] you're [00:53:52] all welcome [00:53:53] to. [00:53:53] Thank you. [00:54:10] Thank you.