JAMES CLINE'S OPENING STATEMENT:
PAGE 369, LINE 4-21
THE COURT: Do you have any witnesses in the courtroom at the present time, Mr. Briley?
(Judge called Cline Mr. Briley)
MR. BRILEY: I do not. I do not have a witness in the courtroom, Your Honor.
THE COURT: And Mr. Bellury?
MR. BELLURY: No, Your Honor. I do not.
THE COURT: All right, gentlemen, then I'll make each of you responsible for keeping your witnesses outside the courtroom until they are called in to testify and excused.
MR. CLINE: Your Honor, if I might, Mr. - Agent Whidby with the GBI is a State's witness. Defense counsel has stipulated with the State that AGENT WHIDBY, who is the case agent, may remain in the courtroom and seated at counsel table and IS EXEMPT FROM THE RULE.
PAGE 376, LINE 17-18 (Mr. Cline)
I believe that the evidence is going to show that when they got in the house or got to their house, they observed that a automobile that was Mark's - he didn't have a full-fledged driver's license yet, but he had him a little Mustang car, and that is was IN A DIFFERENT POSITION THAN FROM THE WAY IT HAD BEEN WHEN THEY LEFT THAT MORNING.
(see 15 year old Mark's 5 Different Statements and Testimony)
(Wallace had bought this car for Mark but it was still legally his. He had intended to sign the car over to Mark on his 18th birthday, provided he made good grades and was not "raising hell" in school as he had been doing. Mark did not keep his end of the bargain and that was constantly a problem. This car and the van legally belonged to Mr. Fugate. He was still making the payments on the van and the house at the time of the accident. Wallace never signed any papers for these items, that still legally belonged to him, but they were sold anyway.)
PAGE 377, LINE 4-6
And his mother's on the telephone talking and Mark was GOING TO GO DOWNSTAIRS TO CHANGE THE CLOTHES AROUND FROM THE WASHING MACHINE AND PUT THEM IN THE DRYER.
(Pattie and Mark knew a week in advance they were going, see Steve Field's Statement. They were supposed to have gone Friday but Pat had to work as another worker was out unexpectantly, therefore, Pat had to work Saturday. see David Hallman's Statement. Also see statements of Wallace Fugate and Connie Roach about the phone calls from Pat and to Mark and the note Wallace had that Pat left in his mailbox at the trailer.)
PAGE 377, LINE 11-20
That by some hitchhiking, walking, however, that Wallace Fugate, that morning, the morning of May 4, 1991, some time between the time that Mark and his mama left to go to work and between 9:01 am, that Wallace Fugate BROKE INTO PATTIE FUGATE and Mark's house. That he BROKE A WINDOW in the downstairs area and reached in and TURNED ONE OF THOSE LITTLE FLIP LOCKS AND PUSHED THE WINDOW UP, and that Wallace went inside.
(Window not possible to push up as had security pins on each side and Wallace knew they were there as he put them in himself to keep anyone from breaking in that window. Exhibit photo was taken during the daytime, not at night as Mize stated as you can see the tree limbs and light from outside.)
(Wallace maintains this window was not broken out, only a small hole as it had been shot with a B.B. gun. There was supposed to have been a taped statement made at one time (never was brought into evidence as it would disprove there case) where Wallace stated he drilled a hole in the window and used a knife to reach the latch and unlock it. It is not possible to drill a hole into glass without it shattering. You would need a dimond bit drill and other appropriate tools to get this small a hole in the glass. No fingerprints of Wallace was found on the window. Maybe someone broke the window to make it look as though he had broken into the house? The last time he had been at the house there was a pinball machine in front of the window and a blanket over the window to keep light from getting on the back of the pinball machine. Pattie had given Wallace a key to the house and that is how he got in. He was not there to destroy anything, nor hurt anyone, only there to fix his and his son's car. Pattie would not let Mark use his money from his part-time job nor give him any of the child support money Wallace was paying to the Sheriff's office, for Mark to have any work done on the car. She was mad because Wallace would not sign the Bill of Sale over to her to get a loan or to sale. Someone came to the scene after Pattie's death and broke the window for they knew there was no way an object could fit into a hole that was drilled into a window and pry the latch. After Wallace turned himself over to the authorities Detective Rick Mize gave his keys to Mark and it could not be proved Wallace was in possession of keys to the house and vehicles.)
(Need more detail on Weaver/Mize statement about taped conservation.)
PAGE 377, LINE 21-24
One of those phone calls being to Lon Taylor's wrecker service out here just south of town to ask them to go and send a car out - A WRECKER OUT TO TOW HIS CAR.
(see Taylor's Wrecker Service Statement)
PAGE 378, LINE 2-5
that Wallace Fugate stayed in Pattie Fugate's house, THAT HE DISABLED A .22 RIFLE that belonged to his son, Mark, that he caused that gun to be left in a condition so that it would not fire.
(see Exhibit photo of rifle with plunger in it, therefore, not disabled. See sunshine on floor. Picture taken around 10:00 am, not 8:00 pm as Mize stated.)
PAGE 378, LINE 20-25
That Mark went up there and got his .22 rifle, came down the stairs and POINTED THAT GUN AT HIS DADDY, the man who had a gun there, and snapped that gun, but it wouldn't fire because Wallace Fugate had disarmed his gun.
(see Exhibit photos of Game Room. Light switch is on the wall away from the stairs by outside door and other side of the room - NOT possible to see anyone or anything until that light is turned on as blanket always covered the only window.)
(Rifle will not snap, on or off safety, until a round is chambered.)
PAGE 379, LINE 2-7
Wallace then PUSHED MARK ASIDE and came up the stairs and Ms. Fugate, Pattie, is on the phone, and that he proceeded to jump on her, and to BEAT HER ABOUT THE HEAD WITH THE GUN, about HER FACE, here, here, to CHOKE HER, to SCRATCH her and to wrestle with her.
(see Autopsy Report stating there were NO scratches, no evidence of choking. There was also NO BLOOD found on the gun or any evidence the gun had hit anything with force.)
PAGE 379, LINE 14-16
Mark picks up the phone, which is STILL CONNECTED TO HIS AUNT, and says, "Call the Sheriff's office."
(Vicky was not still on the phone. See Vicky's statement.)
PAGE 379, LINE 16-19
And he runs outside and then starts THROWING VARIOUS THINGS IN THE YARD BEHIND THE VAN so that Wallace Fugate can't leave with his mother.
(Mark stated he put things behind van but then stated Wallace put van in reverse, backs up and leaves. Mark told the dispatcher he threw brick and hit the van, put damage on front of van. See photos of van as not even a dent was on it. Who moved the items out of the driveway that Mark says he put there? Exhibit photos only show a sawhorse about 80 YARDS AWAY from where van was sitting. See photos taken May 7, 1991.)
PAGE 379, LINE 22-23
Mark DUCKS BEHIND the van, and he HEARS a shot.
(see Mark's five (5) different Statements and different again during Testimony)
PAGE 379-380, LINE 24-25, 1-2
We believe that the evidence is going to show that WHEN HE LOOKS BACK AROUND THE EDGE OF THAT VAN, his mother is dead on the ground. And Wallace Fugate gets in that van, steals it and drives off,
(see Mark's five (5) different Statements and different again during Testimony)
PAGE 380, LINE 11-13
Went to the house, got a portable telephone, came back outside, and on the portable phone at 3:31 attempted to call the Sheriff's office.
(time this occurred was several hours later)
PAGE 380, LINE 15-19
Clarence Harper was the first person on the scene. He's a deputy sheriff from Putnam County. We believe that he will testify that he was there, and when he arrived that Mark Fugate was sitting on the ground, holding his mother's hand, with the portable phone in the other.
(Harper was NOT the fist person on the scene, Mark's friend, Billy Ray Coker was first person there but not brought up in court.)
(EMT testified he saw a young man coming out of the house holding a portable phone, NOT sitting on the ground, in the rain, holding his mother's hand.)
(Harper and EMTs arrived at the same time.)
PAGE 380, LINE 21-23
Wallace Fugate was subsequently picked up in the wee hours of the next morning down in Baldwin County driving Pattie Fugate's van
(Wallace turned himself in. Van still belonged to Wallace.)
(Wallace Fugate called Sheriff Resseu to check on how Pattie was. His sister, Darnell Fugate, was talking to Sheriff Resseau while he changed over to another line to take Wallace's call. Darnell was also on the phone to Sheriff Resseau when the Milledgeville Sheriff's Office called to tell him Wallace had come to their office and turned himself in. This all can be proven since Darnell's friend, Lou Donaldson, was with her at her house and heard all the phone conservation between the two. Plus Darnell has kept her telephone record from that date)