Wednesday, January 25, Eyewitness News at 6

7:57 PM, Jan 25, 2012   |    comments
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HELLO EVERYONE AND THANKS FOR JOINING US.... I'M LEAH JOHNSON..
AND I'M FRANK MALLOY.
THIS IS EYEWITNESS NEWS AT SIX...

STEPHEN MCDANIEL CAME BEFORE A JUDGE TODAY FOR A PREVIEW OF HIS TRIAL IN THE MURDER OF MERCER LAW GRAD LAUREN GIDDINGS.
TODAY...THE CASE OFFICIALLY BECAME A DEATH PENALTY CASE... AND MCDANIEL'S DEFENSE ATTORNEY SAID HE PLANS TO CHALLENGE THE PROSECTION ON SEVERAL POINTS.
CANDACE ADORKA WAS PART OF OUR TEAM IN THE COURTROOM TODAY.
TODAY'S HEARING IS CALLED A FIRST PROCEEDING. IT LASTED ABOUT 40 MINUTES... AND MUCH OF IT WAS STANDARD... BUT HERE'S WHAT WILL START TO PLAY OUT GOING FORWARD.
FIRST... DEFENSE ATTORNEY FLOYD BUFORD SAID HE INTENDS TO CHALLENGE THE MAKEUP OF THE GRAND JURY THAT INDICTED HIS CLIENT IN NOVEMBER...
... THAT MOTION MAY COME THROUGH IN THE NEXT FEW WEEKS.
HE DIDN'T EXPLAIN...AND HE DECLINED TO COMMENT AFTER THE HEARING.
DISTRICT ATTORNEY GREG WINTERS NOTIFIED THE COURT HE INTENDS TO SEEK THE DEATH PENALTY... HE TURNED IN THE WRITTEN NOTICE TO THE JUDGE.
BUFORD... THE LEAD DEFENSE ATTORNEY... TOLD THE JUDGE HE PLANS TO CHALLENGE SEVERAL ASPECTS OF THE CASE... LIKE SEARCH AND SEIZURE WITHOUT A WARRANT.
THEY'LL ALSO ASK THE COURT TO DISQUALIFY WINTERS...
... AND FOUR OF HIS ASSISTANT D-A'S FROM THE CASE... DUE TO A CONFLICT OF INTEREST FROM WHEN MCDANIEL WORKED AS AN INTERN IN THE BIBB D-A'S OFFICE.
IF THAT SOUNDS FAMILIAR... IT'S BECAUSE LAST SUMMER BUFORD FILED A CONFLICT OF INTEREST MOTION AGAINST WINTERS.. THOUGH WITH A DIFFERENT JUDGE.
THAT JUDGE RULED THERE WAS NO CONFLICT .. AND BUFORD DIDN'T APPEAL.
HE SAYS THIS MOTION WILL BE SEPARATE FROM LAST SUMMER'S.
CANDACE.. HOW DID MCDANIEL APPEAR IN THE COURTROOM TODAY?
THIS WAS THE FIRST WE'VE SEEN MCDANIEL IN COURT WITHOUT HIS ORANGE JAIL JUMPSUIT....
OUR SUZANNE LAWLER WAS THERE ALSO... SHE TOOK THESE PHOTOS... YOU CAN SEE MCDANIEL CLEANED UP... HE HAD A THREE-PIECE SUIT ON WITH HIS HAIR PULLED BACK.
HE SEEMED TO BE MORE ENGAGED THIS TIME... FLIPPING THROUGH PAGES, LEANING IN AND TALKING TO HIS ATTORNEYS... IN PAST HEARINGS, HE MOSTLY JUST STARED STRAIGHT AHEAD.
WERE ANY MEMBERS OF THE GIDDINGS FAMILY PRESENT?
SEVERAL FRIENDS AND FAMILY OF LAUREN GIDDINGS SAT BEHIND THE DISTRICT ATTORNEY...
INCLUDING TWO COUSINS...AND HER BEST FRIEND FROM COLLEGE.
THEY ALL WORE PINK IN HER HONOR.
AT THE END OF THE HEARING TODAY THE JUDGE SET THE DATE FOR MCDANIEL'S ARRAIGNMENT.
THAT WILL BE FEBRUARY 7 AT 9 A-M.

A HIGH PROFILE CASE LIKE THE GIDDINGS CASE...USUALLY MEANS LOTS OF LEGAL MANUEVERS BY BOTH SIDES.
AND WE BEGAN TO SEE SIGNS OF THAT THIS MORNING.
FORMER BALDWIN COUNTY DISTRICT ATTORNEY JOE BRILEY... WHO NOW WORKS AS A DEFENSE ATTORNEY IS IN OUR STUDIO.
HE JOINS RANDALL SAVAGE NOW TO TALK ABOUT SOME OF THE MOTIONS DISCUSSED THIS MORNING... AND WHAT THEY COULD MEAN.

TODAY A JUDGE HEARD THE CASE OF A MACON-BIBB FIREFIGHTER... WHO LOST HER RANK AND 2 MONTHS PAY FOR HER ROLE IN A HOAX SHOOTING...
FORMER CAPTAIN STEPHANIE BURKE.. DEFENDED HER ACTIONS.. SAYING SHE DID NOT HELP PLAN THE PRANK AND DID NOT KNOW FOR SURE IT WAS HAPPENING.
BRITTINY BARBER SAT IN ON THE SEVEN HOUR HEARING... SHE'S IN THE EYEWITNESS NEWSROOM WITH A BREAKDOWN OF WHAT HAPPENED...
FIRE CHIEF MARVIN RIGGINS WAS THE FIRST TO TAKE THE STAND...
RIGGINS EXPLAINED HE DISCIPLINED EACH FIREFIGHTER... BASED ON THEIR INVOLVEMENT IN THE VIDEOTAPED PRANK IN FIRE STATION 108 IN SEPTEMBER...
INITIALLY BURKE RECEIVED ONLY A TWO DAYS SUSPENSION.. RIGGINS SAID THAT WHEN OTHER FIREFIGTHERS CAME FORWARD TO SAY SHE WAS MORE INVOLVED THAN SHE LET ON... HE TOOK ANOTHER LOOK...
RIGGINS AND BIBB SHERIFF'S OFFICE INVESTIGATORS LOOKED AT THE VIDEO.. THAT WAS POSTED TO YOUTUBE.. AND THE ORIGINAL UNEDITED VERSION...
HE SAYS IT SHOWS BURKE LAUGHING.. AND HIGH-FIVING AT THE END... BUT BURKE TODAY SAID SHE WAS JUST AS SCARED AS THE ROOKIES...
burke: "I thought yall was messing with the rookie but you got me so you know it was comical because I wasn;t the intended person."
HER LAWYER CALLS BURKE'S PUNISHMENT EXCESSIVE... BECAUSE SHE HAD A CLEAN DISCIPLINE RECORD IN 25 YEARS WITH THE DEPARTMENT.
AND THE LAWYER CLAIMED THAT THE OTHER FIREFIGHTERS EXAGGERATED HER ROLE IN THE HOAX.
SEVERAL FIREFIGHTERS SAID THEY TALKED TO BURKE ABOUT ORGANIZING THE SHOOTING AND VIDEO TAPING IT... BUT SHE DENIES THAT...
BURKE ALSO SAYS RIGGINS FORCED HER TO MAKE AN INITIAL STATEMENT THE DAY AFTER THE INCIDENT... WITHOUT ALLOWING HER TO TALK TO A LAWYER..
BUT SHE SAYS IN THAT STATEMENT... SHE TOLD THE TRUTH.
Burke: "I felt violated like my constiutional rights were taken from me but I felt like I needed to give him a statement. No intention on what they call... I didn;t lie I just gave him a statement. He asked me for a statement."
CITY ATTORNEY JUDD DRAKE SAYS THE CHIEF DECIDED ON BURKE'S DEMOTION AND SUSPENSION TO BURKE.. BASED ON ALL THE EVIDENCE HE RECEIVED..
THANKS BRITTINY.
JUDGE ROBERT HERDON DID NOT MAKE A DECISION ...HE SAYS HE EXPECTS TO ISSUE A RULING...ABOUT 10 DAYS AFTER HE GETS THE HEARING TRANSCRIPT.

TWO MEN ACCUSED IN A WARNER ROBINS MURDER-FOR-HIRE CASE... PLEAD NOT GUILTY TODAY.
JAMES EDDY CLEMENTS AND ROBERT SYBERT ARE ACCUSED OF KILLING JONI CLEMENTS LAST YEAR.
LORRA LYNCH JONES BRINGS YOU MORE FROM THE COURTROOM.
<<nats-
AFTER SPENDING NEARLY A YEAR IN THE HOUSTON COUNTY JAIL... JAMES EDDY CLEMENTS SAID HE'S NOT GUILTY OF KILLING HIS WIFE... JONI CLEMENTS.
THEIR DAUGHTER... JORDAN ANNE CLEMENTS.. SHOWED HER SUPPORT FOR HER FATHER... BY SITTING ON THE DEFENSE'S SIDE OF THE COURTROOM.
SHE AND OTHER FAMILY MEMBERS DIDN'T WANT TO TALK... BUT CLEMENTS' ATTORNEY LAURA HOGUE SAYS THEY LOOK FORWARD TO TRIAL.
Laura Hogue, Clement's Attorney: (34:05) "You can only imagine what they are going through, but they are happy that the state is not seeking the death penalty."
PROSECTOR GEORGE HARTWIG SAYS HE IS SEEKING THE DEATH PENALTY FOR THE ACCUSED SHOOTER... RICHARD SYBERT. HE WAS SCHEDULED FOR A COURT APPEARANCE WEDNESDAY... BUT THAT was CANCELED BECAUSE OF THE DEATH PENALTY MOTION.
George Hartwig: (37:45) "Since I went ahead and filed paperwork to seek the penalty on him, the arraignment has been on hold."
HARTWIG SAYS RICHARD SYBERT'S CASE WILL TAKE LONGER TO GO TRIAL.. THAN THAT OF HIS FATHER'S ROBERT SYBERT... WHO ALSO PLEADED NOT GUILTY WEDNESDAY... TO HELPING PLAN CLEMENT'S MURDER.
STD
>> HARTWIG SAYS JAMES EDDY CLEMENTS AND ROBERT SYBERT SHOULD GO TO TRIAL THIS YEAR.

POLICE ARE LOOKING FOR A PERSON SUSPECTED OF SHOOTING A MAN ON A WARNER ROBINS STREET THIS AFTERNOON
THAT'S ACCORDING TO POLICE SPOKESWOMAN TABITHA PUGH.
SHE SAYS IT HAPPENED AROUND 12-30 ON WENDAN WAY... NEAR GREEN STREET AND NORTH DAVIS DRIVE.
THEY FOUND TWENTY-TWO YEAR OLD LACOURTNEY CHESTER IN THE STREET WITH A GUNSHOT WOUND TO THE ABDOMEN.
HE WAS TAKEN TO THE MEDICAL CENTER.. AND HAD SURGERY THIS AFTERNOON.
PUGH SAYS POLICE ARE NOW LOOKING FOR TWENTY-TWO YEAR OLD KEN SOLOMON.
SHE SAYS SOLOMON HAS WARRANTS FOR AGGRAVATED ASSAULT... POSSESSION OF A HANDGUN BY A CONVICTED FELON... AND POSSESSION OF A WEAPON DURING THE COMMISSION OF A CRIME IN CONNECTION WITH THE SHOOTING.
IF YOU HAVE INFORMATION ABOUT THIS CASE... YOU CAN CALL WARNER ROBINS POLICE AT (478) 929-6911.
AGAIN.. THAT'S 478-929-6911.

A HANCOCK COUNTY GRAND JURY TODAY DECLINED TO CHARGE ANYONE IN A POST-GAME BRAWL THAT INJURED AN OPPOSING TEAM'S COACH.
DISTRICT ATTORNEY FRED BRIGHT SAID THE GRAND JURY HEARD CONFLICTING STORIES ABOUT THE BRAWL BETWEEN THE HANCOCK AND WARREN COUNTY TEAMS BACK IN OCTOBER.
WARREN COACH DAVID DANIEL SUFFERED SEVERE FACIAL INJURIES.
LAST YEAR...INVESTIGATORS SAID A HANCOCK PLALYER APPARENLTY STRUCK HIM IN THE FACE...WITH A HELMET.
BUT BRIGHT TODAY SAID WITNESSES SAID A PLAYER HIT HIM WITH A FIST..NOT A HELMET.
AND ONE 17-YEAR-OLD HANCOCK PLAYER ADMITTED TO HITTING DANIEL.
BUT HE SAYS THE COACH HIT HIM FIRST.
DANIEL ALSO TESTIFIED TODAY.
BUT HE DECLINED COMMENT AS HE LEFT.
AMY AUBERT IS AT THE COURTHOUSE...AND WE'LL UPDATE THIS STORY TONIGHT ON EYEWITNESS NEWS AND AT 13WMAZ DOT COM AND M-A-Z MOBILE.

MORE THAN 200 PEOPLE CAME BY THE MEDICAL CENTER OF CENTRAL GEORGIA TODAY... TO JOIN IN THE AMERICAN CANCER SOCIETY'S CANCER PREVENTION STUDY 3.
THEY FILLED OUT A SHORT SURVEY ----
THEN VOLUNTEERS TOOK MEASUREMENTS --
AND FINALLY PEOPLE ALSO GAVE BLOOD.
THEY SAY IT ALL TOOK JUST MINUTES.
THE GOAL IS TO GET A BETTER UNDERSTANDING OF HOW LIFESTYLE, ENVIRONMENT AND GENETICS--CAUSE OR PREVENT CANCER.
ORGANIZERS TELL US THAT THIS IS A GOOD WAY TO COMBAT CANCER-- AND FIND USEFUL PREVENTIVE RESEARCH.
Nancy White, Director of Oncology Services:00:54 This is one way you can get in the driver's seat and say I don't want people in the future to hear those three dreaded words You have cancer
IF YOU MISSED YOUR CHANCE TODAY---YOU CAN PARTICIPATE TOMORROW FROM 2 TO 7-30. ANYONE 30 TO 65 YEARS OLD WHO HAS NOT BEEN DIAGNOSED WITH CANCER CAN SIGN UP TO PARTICIPATE.
FOR MORE INFORMATION GO TO OUR WEBSITE AT 13WMAZ DOT COM...