Brandon Conner's defense continues objection to 'gruesome' photos in death penalty case
The prosecution and defense continued to argue over crime scene and autopsy photos in the death-penalty case against Brandon David Conner during a hearing Friday afternoon.
Conner is accused of the 2014 slayings of his girlfriend, 32-year-old Rosella “Mandy” Mitchell, and 6-month-old Dylan Ethan Conner. The bodies of the mother and son were burned in a Winifred Lane house fire authorities claim Conner set.
The hearing, the second one in a week, was held in front of Superior Court Judge William Rumer in Recorder's Court courtroom attached to the Muscogee County Jail. The hearing last Friday, where the defense's motion to suppress many of the 166 "particularly gruesome" photos was first discussed, was held in a Harris County courtroom.
Rumer's normal courtroom in the Columbus Government Center is currently under repair because of extensive flooding to the building last month.
By this week's hearing, the defense had narrowed its objection to 18 of the photos, all dealing with the crime scene or the autopsy. Conner’s attorneys, J. Mark Shelnutt and William Kendrick, continued their objections, saying they could be prejudicial if seen by jurors.
Prosecutors argued they had spent hours going through the photos, trying to throw out possible duplicates and those that were not relevant to the case.
"We appreciate the time and effort they have spent culling through these photos," Kendrick told the judge. "But at the end of the day, they don't show the cause of the death."
Senior Assistant District Attorney Don Kelly took each photo the defense objected to and argued for the reasons they should be admitted into evidence during the trial, which is scheduled to begin Oct. 1.
The photo of Mitchell's charred remains is relevant, Kelly told the judge.
"Because of the fire and the body is under debris and ashes, it's hard to see anything but a mound," Kelly said. "But that single photo from the crime scene is relevant."
It is even harder to tell what the photo of the baby is because Dylan Conner's body was discovered in the room investigators say was the origin of the fire, Kelly said.
"You can barely tell it's a 6-month-old child," Kelly said.
Rumer referred the attorneys to two recent Georgia cases pertaining to admission of photos during a trial. He told them to read the cases and then submit a proposed order next week. Rumer did not rule on the admissibility of the photos.
The defense also continued its argument for more information pertaining to DNA testing. It was not clear who's DNA was the subject of the test and District Attorney Julia Slater declined to be exact about the DNA in question. The defense has had an expert, Dr. Phillip Danielson, a professor of forensic genetics at the University of Denver, looked over the DNA.
The defense is still seeking more information about the DNA testing and the process and qualifications. Rumer did not rule, but asked the prosecution to get it's experts with the Georgia Bureau of Investigation in contact with Danielson and see if the information the defense is requesting is readily available. That could happen as early as next week.
The two sides also discussed a defense motion to redact information in the seven victims' impact statements. No decision was made, and Rumer urged the opposing attorneys to use the same process they used this week on the questionable photos to redact the statements.
The fire at Mitchell’s 1324 Winifred Lane home was reported at 12:35 a.m. on Aug. 21, 2014.
About 30 minutes later, Officer Jason Swails saw Conner’s blue 2001 BMW turn from Wynnton Road onto Cedar Avenue in midtown before Conner parked near Davis Broadcasting, where he worked. Conner then sat in the car for 10 minutes, the officer said.
Because of recent business burglaries in the area, Swails questioned Conner and saw the suspect was shaking and sweating, and apparently had blood on him, the officer said. Conner told Swails he had just left work, which Swails didn’t believe because he’d seen Conner turn off Wynnton Road and park.
Conner then altered his story, claiming he’d left work to get some food, but changed his mind and returned, Swails said.
Swails arrested Conner for breaking a city law against lying to police. Because police routinely search suspects being detained, officers checked Conner’s pockets, and found a bloody, yellow dishwashing glove, a bloody baby wipe, a cigarette lighter and an extended grill lighter.
Learning of the bodies found on Winifred Lane, they had Conner’s BMW impounded, and got a warrant to search it. Inside they found a bag of bloody clothes, a bottle of bleach and a bent steak knife with blood on the handle, they said.
Rumer on Sept. 20, 2016 and June 14, 2017, denied defense motions challenging the search and seizure of evidence against Conner.
Arson investigators in 2014 searched the burned home with a dog that alerted to flammable liquids poured in three places. They also found a gas can stored in a closet.
An autopsy revealed Mitchell was stabbed multiple times in the throat and torso. Authorities have not said how the infant died.
On April 14, 2015, a grand jury indicted Conner for murder, aggravated battery, first-degree arson and using a knife to commit a crime. Six days later, Slater filed notice she would seek the death penalty.
Conner’s is the second case in which she has sought the death penalty since taking office in 2009. The first was the fatal shooting of local radio disc jockey Heath Jackson during a burglary at his Carter Avenue home on Sept. 7, 2010. In May 2013, defendant Ricardo Strozier pleaded guilty to Jackson’s homicide and a string of related crimes. Judge Gil McBride sentenced him to life in prison without parole.