Testimony at Leslie Sharp”s murder trial revealed the man she claims she shot to death in self-defense may have had narcotics in his system.
Shan Hales, section chief of toxicology for the Mississippi Crime Lab, revealed Wednesday during testimony that the lab made a clerical error in reporting Christopher Cole tested negative for all drugs following his death on Nov. 10, 2008. Cole had actually tested positive for the possible presence of marijuana, a mistake Hales said he caught while reviewing the case prior to his testimony. He said he immediately notified the district attorney”s office of the mistake and amended his report to reflect the error.
“Transcription errors are very rare. They have only happened less than 10 times in my 18 years (at the crime lab),” said Hales.
The drug screening performed on blood and vitreous (eye) fluid samples from Cole screened for between 250-300 drugs, according to Hales. Cole tested negative for alcohol and all other drugs but may have had marijuana in his blood. A separate verification test, performed at an out-of-state lab, would have been necessary at the time to confirm the presence of marijuana, but that test was never requested. The Mississippi Crime Lab now possesses the ability to perform the verification test, but disposes of fluid samples after six months.
On cross examination, Sharp”s attorney, Jack Brown, asked Hales about the period of time fluid samples are kept by the lab and whether the drug screen checks for designer drugs such as synthetic marijuana (it does not) but did not take Hales or the crime lab to task for the mistake or the possibility of further, undiscovered mistakes.
Jamie Johnson, a gunshot residue expert for the Mississippi Crime Lab, testified that Cole and Sharp both tested positive for gunshot residue, but so did two of the three eye witnesses to the shooting.
Brian McIntyre, a weapons specialist with the crime lab, explained the Clerke .32 revolver Cole was carrying on the day of his death, which contained four misfired live rounds and one spent shell casing, was in poor working condition. Under test conditions at the lab, he said the weapon fired just three of 14 attempted test shots and would only fire in single-action, although the hammer would not remain cocked and had to be held and released manually.
“It”s a poor example of a firearm. It is not reliable in function,” said McIntyre.
The prosecution rolled out all of its experts, save one, to close the day”s testimony.
Oktibbeha County Circuit Court Judge Lee Howard reluctantly recessed court early Wednesday when Assistant District Attorney Rhonda Hayes-Ellis notified him the prosecution”s final witness, a former Mississippi pathologist who worked on the case of Cole”s shooting death and now lives and works in Tennessee, would not be available until Thursday morning.
It was the second time court was delayed while awaiting witnesses as Howard was forced to recess court early around 11:20 a.m. because the three experts from the Mississippi Crime Lab could not be in Starkville until after lunch.
Howard was further vexed when he was informed attorney Rod Ray had earlier that day filed a motion to quash a subpoena of a potential witness who is also a client of Ray”s. Howard called Ray before him and quickly overruled Ray”s motion, stating that “filing such a motion in the midst of a trial could be construed as an attempt to thwart justice.”
Ray conceded that his client would be available when called to testify.
Earlier in the day, the prosecution called members of local law enforcement who worked on the case.
Coroner Michael Hunt, who functions as the chief paramedic at Oktibbeha County Hospital and was serving as a paramedic on the night of Cole”s death, recalled how additional gunshot wounds to Cole”s chest were discovered only after he was placed in an ambulance and his shirt removed. Hunt also noticed a potential femoral artery wound in Cole”s leg, which would have caused excessive bleeding.
He said Cole”s body showed no electric activity and he was pronounced dead at the scene. His body was taken transported to a funeral home before being sent to Jackson for an autopsy.
Oktibbeha County 911 Director Kristin Campanella took the stand as the E-911 recording of a call made from the scene by the witnesses, during which Sharp and Alissandra Inzunza, Cole”s girlfriend, spoke to the 911 operator, was played for the jury. The operator instructed the four girls at the scene to use their clothing to place pressure on Cole”s wounds, but it was later discovered Cole had wounds unknown to the girls which were not treated.
Sharp fired 10 shots at Cole, striking him seven times.
Oktibbeha County Sheriff”s Deputy Denise Crocker, who took pictures of the scene and transported Sharp to the Starkville Police Department, and Mississippi Bureau of Investigation investigator Clay Bane also testified.
The MBI took over the investigation because Sharp”s father, Rick Sharp, is a deputy with the OCSO.
Mississippi Highway Patrol investigator Freddie Pate, the man who transcribed Leslie Sharp”s statement, also testified.
Sharp is accused of murdering Cole at the intersection of Kelly Road and Rock Hill Road in Oktibbeha County. She rode with three girls, one of which was Cole”s girlfriend and another who Cole was attempting to date, to confront him over lies regarding the relationships. After confronting Cole, who was standing outside the car the girls were in, Sharp exited the vehicle and shot Cole, who had fired one shot from a pistol.
Sharp is claiming self defense while the three eye witnesses to the shooting testified it was murder.
Jason Browne was previously a reporter for The Dispatch.
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