Scared teen witness refuses to testify in murder trial so judge sends her to jail
Published: Thursday, May 19, 2011, 11:59 PM
Updated: Friday, May 20, 2011, 9:59 AM
Jessica Cheatteam was held in contempt of court Wednesday after she flatly refused to say in open court and in front of a jury that Michael Williams shot Terry Redmond on April 26, 2009, in Harvey's Scotsdale neighborhood, a claim she shared with Sheriff's Office detectives who were investigating the slaying two years ago.
Cheatteam, who was 13 years old when Redmond was shot several times, was sitting at the witness stand only feet from Williams, 18, while members of his family sat in the audience yards behind him.
Her refusal to testify led Judge June Darensburg of the 24th Judicial District Court to send the jury out of the courtroom and arrange for a public defender, Graham Bosworth, to provide legal advice to the teenager. But after conferring privately with Bosworth, Cheatteam again refused to testify.
"Are you refusing to testify and answer our questions?" asked Assistant District Attorney Sunny Funk, who is prosecuting Williams with David Hufft.
"That's correct," Cheatteam said.
Darensburg then found Cheatteam in contempt of court and sentenced her to six months in jail, the maximum for contempt. Cheatteam seemed unfazed as she was escorted out of court to the Rivarde Juvenile Detention Center in Harvey.
Cheatteam was back in Darensburg's court Thursday, shortly after the judge declared a mistrial because of allegations that jurors improperly discussed the case among themselves, including the effect of Cheatteam's refusal to testify.
Dressed in a navy blue jail outfit, her handcuffs chained to her waist and her ankles shackled together, Cheatteam sat alone while attorneys discussed her immediate fate with Darensburg at the bench. It was then that she saw members of Williams' family in the hallway outside court, apparently looking at her through the windows flanking the courtroom's doors.
"What they looking at?" she yelled, sending a jolt through the courtroom.
Darensburg ordered her bailiff to clear the hallway. Moments later, the judge vacated her contempt order and released Cheatteam from custody. However, Cheatteam was sent to a juvenile facility in another jurisdiction for reasons that were not discussed openly in court because of her age.
"Good luck to you, Miss Cheatteam," Darensburg told the girl.
Hufft said in opening statements Wednesday that Cheatteam has been uncooperative. While the prosecutors have another witness who saw events that preceded the shooting, Cheatteam is the only witness alleged to have seen the shooting itself.
Detectives learned she witnessed the crime while interviewing people who called 911 to report gunfire, Detective Jeffrey Rodrigue testified. He described her as "very" young but "very calm" and "very cooperative" when he and Sgt. Kevin Decker questioned her at the Sheriff's Office investigations bureau in Harvey until almost midnight.
Authorities allege Williams was thrown to the ground by Redmond, 42. Redmond then ran through an open field off Angus Drive, and crossed a concrete-lined drainage canal while Williams chased after him armed with a .40-caliber semiautomatic pistol.
A deputy dispatched to investigate reports of gunfire, Eric Blandford, testified he found Redmond's body on the grassy shoulder of Florence Street where it dead-ends at the canal near Esther Street. Witnesses claim Williams ran back toward an awaiting white sedan on Angus and fled. He was arrested days later at a friend's home in Marrero by SWAT officers.
Williams denies being the shooter, and his public defender Joe Perez repeatedly called into question a Sheriff's Office policy in which detectives "interrogate" witnesses and suspects in what they call "pre-interviews," before recording the formal statements that juries later hear. Perez questioned several witnesses about the interviews, including Rodrigue about his contact with Cheatteam. Following about an hour of pre-interview, Cheatteam gave a 14-minute taped statement, according to testimony.
In opening statements, Perez told the jury Cheatteam has given "multiple renditions" of what she saw. As such, Perez alleged, prosecutors threatened "what would happen to her if she did not cooperate."
Darensburg declared a mistrial Thursday after hearing a report from one juror that another juror had made derogatory comments about Perez's case, alleging it was "smoke and mirrors," Perez said. Judges routinely instruct juries not to discuss the case among themselves, because such discussions should be reserved for deliberations after all evidence is presented.
Darensburg opened a hearing in which several jurors were individually questioned, after which Perez asked for a mistrial. Darensburg granted the request.
Williams' new trial is now set to begin July 25. Cheatteam has been subpoenaed to be there, court records show.
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