Published: November 17, 2009 12:37 am      

Medical examiner testifies in trial

CENTERVILLE — State testimony in the capital murder trail of Jerry Duane Martin began to wrap up Monday, with the jury hearing testimony from seven witnesses, including a medical examiner, two Huntsville Police Department officers and others.

Much of the testimony Monday concerned establishing the escape of Martin and fellow inmate John Ray Falk on Sept. 24, 2007 — from their initial escape from the Texas Department of Criminal Justice Wynne Unit to their capture in a wooded area near the Smither Road overpass

Dr. Tracy Dyer, medical examiner for the Dallas County Medical Examiner’s Office, was first to take the stand — testifying to the injuries incurred when, during his escape, Martin drove a stolen City of Huntsville vehicle into TDCJ Officer Susan Canfield, leading to her death.

“It was clear she had an injury to her head,” Dyer said. “There was a large area abrasion and laceration as well as a visible skull fracture.

“Bruises were located on the victim’s hands, arms, trunk and buttocks.”

In performing the internal autopsy, the medical examiner noted the significant head injury, with hemorrhaging below the scalp, a depressed oval shaped skull fracture, and a hinge fracture running from ear to ear.

“A hinge fracture is an unsurvivable injury,” Dyer said. “It often involves high velocity, such as in a car accident when the victim is ejected from a vehicle.”

When asked by Walker County Distinct Attorney David Weeks, Dyer confirmed that indentions on the first vehicle used in the escape were consistent with Canfield’s being hit by the truck at a high rate of speed, then landing on the vehicle.

“If the victim landed on their back onto the truck, then the injuries would be consistent,” she said, also confirming to defense attorney William Carter that the victim suffered no internal injuries or injuries to the face.

Next to take the stand was Huntsville Police Department Sgt. Ron Cleere, who was answering a dispute call at the nearby Forest Hill subdivision when he heard the inmate escape call.

The jury was able to view video taken from his patrol unit , which showed — with sound, but poor visual quality — his involvement in the pursuit of Martin and Falk.

“While in route, they told me the offenders were headed to Interstate 45,” the sergeant recalled. “While on state Highway 75 in front of the city service center, I saw and eventually caught up with them.”

Sgt. Cleere eventually “made his own exit” off I-45 southbound onto the feeder road turning left and pursuing the inmates to Guaranty Bank, where the two had stolen a truck and taken its driver hostage.

“As I pulled up to the bank and jumped out, the truck drove out,” he said. “I then attempted to stop the vehicle by shooting out the tires. I shot seven times.”

Unsuccessful in his attempts to stop them, the officer continued his pursuit onto Col. Etheredge Boulevard, I-45 south and then on the Smither Road Overpass, where the car chase ended.

“I saw the truck pull over and the inmates run out in different directions — (Martin) ran towards a tree and (Falk) toward a nearby wooded area,” he said. “(Martin), who had a rifle in his hands, stopped at the tree and used it to brace the rifle.

“I thought he was going to shoot me, so I fired two times,” he said. “I took cover to the left and shouted for the hostage to get down. (Martin) had squatted in the grass, so I couldn’t see him.”

Cleere then retrieved a rifle from the patrol vehicle and took cover. When he was Martin again, he fired and watched the inmate fall, certain he had hit the man.

“We stood back up and I shot again,” he said. “He went down quickly. I didn’t see him after the second time. I did not know where (Falk) was.”

Following Cleere’s testimony was that of HPD Lt. Darryl Slaven, who, when he heard the call, jumped in a patrol car with three other lieutenants and sergeants and entered the pursuit.

“When we arrived at the Smither overpass, Cleere and (a Walker County Sheriff’s deputy) were firing at (Martin),” Slaven said. “We saw (Martin) pointing in our direction and were trying to exit without getting shot..”

Slaven and his fellow officers were charged with establishing a perimeter, focusing their patrols around the Wal-Mart SuperCenter where they felt Falk might show up.

“We found (Falk) running after a beer distributor in the back of the building,” Slaven said. “We stopped him and took him into custody.”

Slaven then testified about his role as one of five horseback officers to participate in the pursuit of Martin in the heavily wooded area near the Smither Road overpass.

“I saw the suspect’s rifle laying along the trail,” he said. “It was picked up by a TDCJ officer (Kevin McMillan) who handed it to me.

“I emptied three unused cartridges and handed the weapon back to (McMillan), who turned it over to another officer on the perimeter.”

Slaven and the other riders then located Martin’s clothes and shoes by a creek bed. With the use of TDCJ scent dogs, Martin was located in a nearby tree.

“I was in the back of the line and heard the others ordering him down,” the officer said. “I saw (Martin) fall or jump down — I wasn’t close enough to see for sure. Then they handcuffed him and turned him over to TDCJ.”

McMillan, who runs the horse program at the Wynne Unit, also testified Monday about his role in the man hunt for Martin as well as the injuries and resulting death of Canfield’s horse.

“The horse was one of out better horses and Canfield was certainly one of our better riders,” he said. “She had horses and home and you could tell she knew what she was doing.”

The horse, with a few external injuries, was discovered to have been shot through the saddle strap into the stomach, which led to the horse’s having to be put down.

“The bullet tore up his stomach,” McMillan testified. “We had to put him down because his insides were all messed up.”

Other testifying Monday included: Wynne Unit Field Boss Royce Hagins, who was one of the first to fire his weapon when the escape occurred; and Wynne Unit inmates Henry Thomas and Noah Melton, both of whom saw the escape from different vantage points at Wynne.

Nineteen of about 30 expected witnesses have testified so far in the trial, which resumes at 9 a.m. today at the Leon County courthouse in Centerville under 278th State District Court Judge Kenneth H. Keeling.

The state is expected to conclude its case this morning, with the defense likely to begin testimony this afternoon.