MADISONVILLE-Even
with nearly two hours of video interview videos watched, Wednesday
was a day of technical testimony in the Jim Miller murder case.
Jessica
Kennedy, 29, of Sweetwater, is on trial for the killing of former
Monroe County Election Commission Chairman Jim Miller.
Miller's
body was found in a burning car in July of 2010, three bullet wounds
to the head. Despite the intense heat of the fire engulfing the car,
Knox County Medical Examiner Christopher Lockmueller said there was
no doubt the gunshots killed Miller.
"I
would definitely say Miller was dead before he was put in the car," Lockmueller said.
Lockmueller
said he ran tests that showed no sign of soot in Miller upper
airways. "When somebody is caught in such a situation," Lockmueller said, "they breathe in soot and it gets caught in
their mouth and throat, and there was none in Miller."
Several
members of Miller's family were visibly affected by Lockmueller's
description of Miller's body having been burned so bad the fat and
muscle were gone in certain sections, leaving only bone.
Lockmueller
also said the fire raged so hot Miller's lower legs were burned off
his body. But he couldn't say how close the shooter was to Miller.
"There
were no burn marks from a gun on the body,"Lockmueller said.
"Without those, you really can't tell how close a gun is to a
person when it goes off."
Lockmuller
said there was also a laceration on Miller's head, but there was no
way to tell what caused it.
Testimony
from Lockmueller and other witnesses showed a watch, a pack of gum
and rings were recovered from where the front of Miller's body was
pressed against the floor of the trunk and slightly protected from
the fire.
There
were also several bullet and fragments of bullets recovered from the
car. TBI firearms expert Steve Scott said tests showed the bullets
came from a .38 caliber weapon, though there was a chance that could
have come from a .380 caliber weapon. Kennedy mentioned having access
to both types of weapons during interviews with law enforcement.
Don
Cogan from the Tennessee Bomb and Arson Squad said investigation
showed the car had been set on fire in both the trunk and the
interior of the car. "It was a deliberately set fire," Cogan said.
The
trial looked like it might take a dramatic turn when Sheriff Bill
Bivens took the stand, but despite having mentioned time and time
again Kennedy's assertions that Bivens and former Captain of
Detectives Mike Morgan had something do with Miller's death, defense
lawyer John Eldridge didn't bring it up.
The
sheriff did testify he didn't know Miller personally, but had spoken
to him a couple of times over the years, including a meeting at the
Dinner Bell restaurant in Sweetwater.
Bivens
did take exception to Eldridge's claim that he refused to move
Kennedy to another jail due to her feeling in danger.
Bivens
said he saw no reason to move. "We did nothing wrong," he
said. "I didn't want to look as if we had. She was perfectly
safe with us."
The
day closed with testimony from Monroe County Sheriff's Detective Doug
Brannon, the lead investigator in the case. Brannon said they hadn't
really looked at Kennedy as a suspect until she started to tell them
things she couldn't have possibly known.
"She
said stuff I found interesting over time," Brannon said. "I
began to wonder how she knew those things. I thought we were the only
ones who knew those things. Then she mentioned a .38 caliber gun used
in the killing and we hadn't even gotten the lab results back yet. I
thought she couldn't know this unless she was involved in the
homicide."
Eldridge
said Kennedy was talking about her boyfriends guns and Brannon said
that could be, but she had access to both a .38 and a .380, the type
of weapons used in the killing.
Eldridge
said the original information about the yellow house where the
killing took place came from a Tiffany Sullivan who said a Gene
Ellington told her. Eldridge asked if Brannon, or anybody, had
interviewed Ellington, who reportedly said the police did it.
Brannon
said he hadn't talked to Ellington, but there were more than 200
interviews conducted and someone could have talked to him.
Testimony
is expected to continue through the week and into next week.