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At the conclusion of the trial, the sequestered jury convicted Defendant of the lesser-included offense of second degree murder, and the trial judge later sentenced her to twenty years and nine months.
What follows is a more detailed summary of the proof presented at trial.
They then backed out of the room and checked the rest of the house.
Officer Tankersley noted glass on the kitchen floor, by the door going to the garage.
Cocke then ran back to his house in order to bring back his wife Rachel, who had also called 911 and was speaking to the operator on her home phone when Mr. Cocke did not touch the victim, and on the recording of the 911 call placed from Defendant's home, which was played for the jury and introduced as an exhibit at trial, Mrs. When he entered the house, Defendant came to the door, yelling that something was wrong with her mom. He and his partner went inside and immediately saw blood on the hallway floor.
Cocke can be heard calling out, apparently to someone else, “[D]on't touch anything.”Meanwhile, Defendant was crying and “hysterical,” repeatedly asking Mr. As he walked down the hall toward the victim's bedroom, Officer Tankersley had to ask a third officer to remove Defendant, who was screaming, “my mom, my mom” as she attempted to run back into the bedroom.
Crime scene tape had not yet been put up, although it was up by a.m.
From the time Officer David Payment, the head of the CSI team arrived at a.m until the time he left at p.m., he documented in his crime scene log that twenty-two people entered the house.
The State has failed to establish that these constitutional errors were harmless beyond a reasonable doubt.
Additional facts presented during the hearing on the motion for a new trial, in connection with Defendant's dispositive claims that the prosecution impermissibly commented upon her federal and state constitutional right to remain silent during final closing argument and deprived her of Due Process by failing to disclose a witness statement before trial or after the witness testified, will be provided in the discussion of those issues. Factual and Procedural History In June 2005, Defendant, eighteen and working on her high school degree, lived alone with the thirty-nine-year-old victim at 5001 Newhaven Drive in Memphis.
The victim had divorced Defendant's father, Nazmi Hassanieh, when Defendant was an infant. Hassanieh was murdered during a robbery of the convenience store he owned.
Officer Payment first walked the perimeter of the residence and noticed what appeared to be blood and glass on the kitchen floor, as well as possible blood on the front porch and foyer, front door, and the floors of the living room, hallway, shared bathroom off the hallway, and the victim's bedroom.
A substance that appeared to be blood had soaked the sheets and pillows on the victim's bed, was spattered on the closet door next to the victim's body, was smeared on the wall by the light switch, and was pooled on the floor under and surrounding the victim.
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The jury convicted her of second degree murder after a trial in which the evidence was entirely circumstantial.