Mary Winkler Murder Trial: Timeline For Day 4 - | Nashville News, Weather & Sports

Mary Winkler Murder Trial: Timeline For Day 4

The following is a timeline for the day 4 of the murder trial for Mary Winkler, who is accused of fatally shooting her preacher husband Matthew Winkler in his sleep. The shooting took place in the parsonage of Fourth Street Church of Christ in Selmer, a West Tennessee town.

Monday, April 16, 2007

Day #4


4:25PM: Brandy Jones leaves the stand.

4:13PM: Defense attorney Leslie Ballin cross-examines the witness. Brandy says she hasn't visited Mary in jail, and the last time she saw her was at that dinner in February at the Olive Garden. Mary came to her when she was locked out of the house in Peagram in the spring of 2004. Brandy and her husband had a key to the house, so her husband took Mary back to her house and let her in with their key. She can't attest to whether or not the medication reaction caused Matthew to act "poorly" toward her (Mary didn't tell her anything about that). Brandy testifies that Mary was laughing when she came to the door, and she didn't get any distress signal from her at all.

On Memorial Day of 2005, the Winklers were supposed to spend the night with Brandy & her husband, but they instead came the next day (they canceled at "the last minute" according to Ballin). She can't attest to why, but she mentions something about there not being enough beds for the kids (Ballin calls that "the excuse Mary made for not coming"). She does not remember a swollen jaw at that time. Brandy testifies that her husband, Glenn, was Matthew's best friend.

Brandy testifies that Mary was a stay-at-home mom, but both Mary & Matthew took care of the kids. Brandy & her husband lived with the Winklers for a couple of months while their home was being built in Pegram (04-05) and did not see any problems. Ballin asked if they were on their "best behavior."

4:08PM: Brandy McAllister Jones takes the stand. She is married to Glenn Jones, and they live in Cedar Grove, Tennessee. She knows Mary Winkler and knew Matthew Winkler. They were friends with the couple. In fact, Mary sent her a letter from prison asking Brandy to write a letter on her behalf to her lawyers. In February of 2006, Mary told Brandy over dinner that she was happier than she had ever been, and they would never leave West Tennessee. Brandy testified that Mary never indicated that Matthew had isolated her in any way. She says she considers Mary her best friend. She knows of no reason Mary Winkler wouldn't confide in her. Brandy testifies that she never saw any evidence of physical or emotional abuse in Mary.

4:07PM: Special Agent Brent Booth steps down. The prosecution calls Brandy Jones to the stand.

4:05PM: Tony Farese comes back to question special agent Booth. He asks Special Agent Booth where on the document it says she intentionally shot her husband. He testifies that those exact words are not in the document.

4:03PM: Assistant District Attorney Walt Freeland re-directs the witness. He points out that Mary Winkler initialed the written statement several times, even though she technically didn't write it. And even though she had a pen, nowhere on that statement did she mention the word "accident."

3:57PM: Defense attorney Tony Farese continues questioning TBI special agent Brent Booth. He testifies that Mary Winkler said her husband was aware of the account and knew everything about it. He says that based on the information he has, Mary Winkler called the financial shots in the Winkler household. Farese presses him on whether or not he actually knows who called the financial shots. Farese then goes to point out that there appears to be 2 different handwritings on the check kiting timeline, but special agent booth says all the handwriting is his - some of it was just written on a different surface.

3:57PM: Jury comes back into the courtroom


2:31PM: Defense attorney Tony Farese begins questioning Brent Booth. He asks about Agent Booth's background. Then Farese asks why officers videotape DUI arrests and makes the claim that it shows exactly what the officers observe so courts wouldn't have to rely on just what the officer remembers. Farese asks if the best way to record something would be via videotape. Booth says the TBI policy is to take written statements. They get into a big debate about TBI's policy.  They begin debating the search of the van in Alabama - including the chain of custody paperwork. 

2:15PM: Questioning resumes. Walt Freeland shows the jury a timeline Booth created to track Mary Winkler's check kiting. On February 11, 2006, it says Mary Winkler changed her address to a post office box. On February 15, she opens an account at First State Bank in Henderson, TN in her name only with a $100 deposit. On March 13, she makes a deposit into the First State Bank account for $4900 from Saatchi & Saatchi. On March 15, she makes a $580 cash deposit. On March 16, she deposits a check into her Regions bank account for $4000. Four days later, she deposits $4880 from Trust Financial Services into her First State Bank account. Several things happen on March 20 - she deposits a $2000 written to Mary by Mary on her First State Bank account into her Regions account. But, those out-of-town checks had not cleared. They had been credited to the account, but not cleared. On March 20, she also deposited a phony check into the FSB account, and deposited a $4000 account into Regions Account. Booth testifies that the timeline and activity is consistent with the process of "check kiting."

Of all the checks he examined, he only saw one that wasn't signed by Mary Winkler. It appeared to have been signed by Matthew Winkler

2:31PM: Defense attorney Tony Farese begins questioning the witness. He asks about Agent Booth's background. Then Farese asks why officers videotape DUI arrests and makes the claim that it shows exactly what the officers observe so courts wouldn't have to rely on just what the officer remembers. Farese asks if the best way to record something would be via videotape. Booth says the TBI policy is to take written statements.

2:10PM: Sidebar

1:55PM: Steve Freeland resumes questioning Agent Booth. They talk about the different names for the check scams that are out there (Nigerian check scam, Australian check scam, etc.).

He explains what check kiting is. Booth talks about it being a "house of cards that will fall."

1:51PM: Sidebar

1:37PM: Special Agent Brent Booth - TBI Special Agent - is questioned by the prosecution.   Booth is questioned extensively about how much sleep he got in the days surrounding Winkler's death. He testifies that he did see the orange tackle box in the back of Mary Winkler's van in Orange Beach, Alabama, but it was not opened. He had to pick it up from Dan Winkler later on.

There were shotgun shells in the tackle box when he opened it after getting it from Dan Winkler.

Agent Booth deals a lot with fraud, lottery schemes, and such. He actually teaches a class on white collar crime at UT Martin.

1:11PM: Court resumes - Patricia Winkler is called as a witness - cameras are turned off

11:30AM: Winkler is dismissed - LUNCH BREAK

11:30AM: Winkler is dismissed - MORNING RECESS

11:20AM: Diane Winkler is questioned again by the prosecution. Diane testifies she has always gone by the recommendations of the children's counselor. Diane talks more about what happened while the girls were in Alabama.

11:18AM: Diane testifies she never quizzed the girls about what they remembered about their father's death. Diane says as time went on - Patricia began to remember more about what happened. Patricia was anger at her mother because she says Mary lied to her. 

11:13AM: Diane testifies Matthew was an intellect child and adult - he like to play the game Battleship.

She says a fund has been set up to provide for the children's education. Diane is asked whether they tried to find the best counselor for the children.

11:08AM: Diane testifies Patricia broke her arm while living with them. They didn't tell Mary because they didn't think it was important. Diane says they didn't tell Mary when the girls were in a minor car wreck. Diane says it is not up to her if Patricia has to testify.

11:06AM: Diane testifies Patricia told a friend Mary was moving to Georgia to get remarried - and she was taking Patricia with her. The Winklers told her that was not true - Patricia says she just wants to be a normal kid with her mom and dad. 

11:00AM: Diane testifies she never told the children's counselor that their house was a mess and their diets were bad. Diane is asked whether she trusts Ms. Crawford - the counselor - she says yes.

Did you ever tell the children that Mary murdered their father?   She says she told them Mary shot their father and he died. Diane is asked whether Patricia ever said she hoped it was an accident. She said that happened.

She says the girls are kept away from TV and newspapers - but they still hear things from other kids at school.

Diane is asked whether she told the children about things on the news so they wouldn't hear about it at school - she says that's not true. She says they have told the kids the truth. She said they did not deny things that were true - for example that Mary stole money from a bank.  

10:56AM: Diane testifies she brought the kids to the jail to see their mother.   Diane testifies Mary got to see her children one time in the last 8 months. 

Diane says she cut off visitation between the kids and Mary when she lied to them in the gym. The children have denied their mother lied to them in the gym. Prosecution objects.

10:52AM: Diane testifies she is aware of the times her son took medication and had an adverse reaction. Neighbors Brandi and Glen Jones were also aware of the problem. Mary went to them for help when he had that bad reaction. Diane testifies he had another severe reaction while the couple was living in McMinnville. Again, Matthew began having hallucinations. This time he said he saw woman with black hair coming after him with a knife.

10:48AM: Diane testified she began only giving the children letters from their mom once a week. She says that was because the girls were just tossing the letters aside.   Diane testifies she took Mary to the dentist in February 2005.  

10:43AM: Diane Winkler is cross-examined by Steve Farese. Diane testifies again she has in no way tried to turn the children against their mother. Diane is asked whether she thinks it's in the best interest of a child to testify against her mother.  

10:42AM: Diane testifies she has never tried to poison the children's minds against their mother.

10:35AM: Prosecution calls Diane Winkler - Matthew's mother - to the stand. She has been a preacher's wife for more than 35 years. Diane testifies she & her husband have had the children since Matthew's death. After the children were found in Alabama - they flew down and picked them up. She testified she first saw Mary in a holding cell in Alabama. Mary told her she was sorry. Diane told Mary not to worry about the girls.  

10:08AM: Turner is dismissed - VERY Long Sidebar

9:59AM: Court resumes, and Leslie Ballin continues questioning Dr. Staci Turner. They discussed the fact that Matthew Winkler's clothes had been removed when the body came to her, but she does not know how they were removed.

9:36AM: Judge ordered a short MORNING BREAK. Chris Cannon calls in and says a juror was dismissed due to a clerical error, and that probably caused the morning delay. It was a male juror. He had no other details except that court spokespeople say there was no subplot and there was nothing malicious going on. The current break was because someone in the jury needed "a few minutes."

9:35AM: Turner is cross-examined by defense attorney Leslie Ballin.

9:34AM: Turner testified Walker Winkler probably died within a few minutes of the blast.

9:26AM: Jury is shown a picture of the wound in Matthew Winkler's back.

9:06AM: Dr. Staci Turner takes the stand. She is a forensic pathologist who is employed as an assistant medical examiner in Davidson County. She testifies that Matthew Winkler was 6'1" (according to the autopsy). Then there is a lengthy sidebar until 9:15. She performed an autopsy on Matthew Winkler. They discuss how quickly Matthew Winkler died and how many birdshot pellets were removed from his body (77 were removed). 

9:04AM: Judge and jury comes into the courtroom. They start with a sidebar.

2007 Headlines
4/19 Winkler Jury Deliberates
4/19 Possible Charges Against Mary Winkler
4/18 Defense Says Preacher Terrorized Winkler Family
4/17 Winkler Daughter Called To Witness Stand

4/14 Bank Employees Discuss Winkler Financial Problems
4/14 Jurors, Winkler Listen To Taped Interview
4/14 Angry Caller Prompts Increased Trial Security
4/13 Third Day For Jury Selection In Winkler Trial

4/11 Jury Seated In Mary Winkler Trial
4/11 Witness Lists Released In Winkler Trial
4/11 Jury Selection Begins In Winkler Trial
4/04 Mary Winkler Charged With Husband's Death

3/19 Mary Winkler Asks For Custody Of Children
3/28 Family Of Slain Minister Sues Mary Winkler
3/22 Selmer Braces For Winkler Murder Trial
Prosecutor Not Seeking Death For Winkler

2/23 Winkler Trial Date Set
Mary Winkler Appears In Court
Mary Winkler Spied Out And About On New Year's
Mary Winkler's Story Continues Through Glamour

2006 Headlines
12/18 Wife Of Slain Pastor Living Quiet Life In McMinnville
Mary Winkler's Bosses Give Her A Chance
Winkler's Sisters Speak Out
Top Stories Of 2006: Minister's Wife

9/27 Judge Lets Minister's Wife's Confession Stand
Preacher's Wife Asks For Statement To Be Thrown Out
Mary Winkler Released From Jail On Bond
Minister's Wife Expected to Post Bond Friday

9/18 Preacher's Wife Remains Behind Bars

04/19/2007 Winkler Defense Team As Jury Begins Deliberating
04/19/2007 Winkler Jury Begins Deliberations
04/18/2007 Analysis of Morning Session In Winkler Trial Day 6
04/16/2007 Winkler Daughter Called To Witness Stand
04/14/2007 Highlights From Day 3 In Mary Winkler Trial
04/14/2007 Angry Caller Prompts Increased Trial Security
Mary Winkler Spied Out And About On New Year's
12/29/2007 Year In Review: Wife Kills Minister Husband

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