TBO.com - TBO is Tampa Bay Online

Highlands Today

PowerfulTestimony Flows At Branham Trial

Kathy Waters/Highlands Today

Defendant Michael Branham is cross-examined by Assistant State Attorney Steve Houchin during a pre-trial hearing on Friday morning at the Hardee County Courthouse. Branham's attorney, Larry Shearer, filed a motion on Thursday in an attempt to have a conve

ADVERTISEMENT

By Dan  Fearson | Highlands Today

Published: September 8, 2007

WAUCHULA — Day four of the Michael Branham murder trial got off to an early and heated start Friday morning at the Hardee County Courthouse.

The day began where day three of the trial left off, with Branham's defense attorney, Larry Shearer, trying to suppress witness testimony from Branham's friend and former attorney, James Kelly.

Branham, a former Avon Park police officer, allegedly shot his wife, Janette, 40, a prominent Highlands County attorney, 13 times in July 2005.

Kelly was scheduled to testify during the trial that Branham told him during the week leading up to the shooting that he was going to kill his wife.

Shearer filed motions late Thursday afternoon stating that he was objecting to Kelly's testimony based on attorney-client privilege bylaws, and instead of having Kelly testify, he would offer Branham.

Friday's proceedings began with Branham testifying, before a courtroom free of jurors, with details from the conversation he had with Kelly.

"I was under a tremendous amount of stress, anxiety and frustration," Branham said about the conversation he had with Kelly. "I wanted to share things with him that were in total confidence."

Branham said that he talked to Kelly on a couple of occasions leading up to Janette's death about possible divorce proceedings and financial interests. He also said that he believed that Kelly was going to give him legal advice and talk to him about other alternatives after he made the comment.

Hunter eventually ruled in favor of the prosecution and said that Kelly's testimony was going to be allowed.

In previous court rulings, Branham had successful verdicts stating that the conversation he had with Kelly fell under attorney-client privilege. However, last spring the state won an appeal about the conversations and was expecting Kelly to be a key witness for the prosecution.

Opening Arguments

Jurors were told to be at the courthouse by 9 a.m., but did not enter the courtroom until an hour later because of the witness challenge, when opening statements by the state began.

"Over the next few days you're going to hear from a number of witnesses," said Assistant State Attorney Steve Houchin. "We feel that it's important that you get an idea of the whole picture." Houchin then went into detail about the layout of the Branham house, on Shaw Road, where Janette's body was found.

"Over the years the (Branham) marriage was broken, and both Jani and the defendant were planning their futures," said Houchin.

After opening arguments, prosecutors called their first witness, Janette's mother, Kathy Seamans, a part-time resident of Avon Park.

She calmly answered questions about her daughter's house, confirming the same details of its layout that Houchin just shared with jurors.

"Oh my, yes," Seamans said when asked if the defendant had firearms.

She said he kept it at the side of his recliner chair at all times.

The only time Seamans made eye contact with Branham is when she was asked to identify the man who was married to her daughter. She stared straight at him and described his attire, then looked away.

The next witness to testify was Richard McKinley, an attorney who was going to represent Janette in planned divorce proceedings.

McKinley was scheduled to meet with Janette the day following her murder to finalize divorce documents. On his way to his law office July 27, to meet with Branham about the documents, McKinley said he received a call telling him she was dead.

Key Witness

The state's key witness, Kelly, took the stand after lunch.

"He told me he was going to kill his wife," Kelly said, who closed his eyes and sighed.

Kelly said Branham repeated this statement several times throughout the conversation.

"I was afraid not to take him serious, but I didn't think there was any way in the world he was going to do that," said Kelly, who said he tried to warn Janette the next day. "I did not say he threatened to kill you because I was afraid it would spook her too much or concern her."

Two of Janette's former co-workers also testified, and mentioned that they had heard conversations about a divorce between the couple.

Prosecutors also played the 911 call placed by Branham the night of the shooting.

"I need an ambulance … My wife tried to kill me and I shot her," said Branham, during the call. "She came in with a pair of scissors and I shot her." After the operator on the tape, who also testified, tried to tell Branham to attempt CPR, he abruptly hung up the phone.

A pair of Hardee County Sheriff's Office deputies, who were among the first to respond to the crime scene, also testified about the night Janette was shot, saying that Branham's demeanor went from being visibly shaken when told about her death, but later calmed down and repeated claims that she was trying to attack him with scissors.

A Hardee County Fire Rescue worker who was a firefighter/paramedic that responded to the scene also took the stand. He said fire rescue officials always try not to disturb or change the crime scene.

A neighbor also testified and recounted details about Janette's whereabouts the night she was shot. Janette had stayed with the neighbor that night and left her home shortly before the shooting took place.

A witness who would have testified that Janette was planning to move out of her home the day after her death was excused after Shearer objected to her possible testimony on conditions of hearsay.

Reporter Mandy Sheets contributed to this article.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT