10/17/2008 9:15PM
Judge Reese declared a mistrial the jury couldn't reach a unanimous decision. A pre-trial hearing is set for Tuesday, the process will start all over again.

The jury came back at 8:30 and said they reached an impasse, meaning they can not make a decision. Judge Reese sent them back in to speak their opinion individually and see if they can work this out. If not, this will be a hung jury and Judge Reese will declare a mistrial.

The jury will deliberate until 9:00 tonight. If they don't reach a verdict, they'll be back tomorrow morning at 8:30 and Judge Reese says they will continue until a verdict is reached.

10/17/2008 3:25PM
The attorneys, Cooper, and the jury are all in the courtroom. One of the jurors walked into the courtroom crying a short time ago after deliberations. We don't know what she was crying about, but the deliberations will continue. The jury is now listening to testimony Cooper gave the court earlier this week. They've been deliberating for 27 hours.



10/17/2008 9:20AM
The jury is back in the courtroom deliberating this morning. It's now the fourth day of deliberations and still no verdict. Last night the jury listened to the statements Cooper gave detectives following the murders. In those statements, Cooper told detectives he didn't know his girlfriend at the time, Kellie Ballew was having an affair with Steven Andrews. He also claimed he wasn't in the Gateway community that night. In his testimony to the jury this week, Cooper told the jury he lied to detectives because he didn't want to jeopardize his relationship with Kellie Ballew any further.




The jury in the high profile double murder trial of Fred Cooper continues to deliberate Thursday. This is the third day of deliberations. The jury has more than 100 pieces of evidence to consider. Cooper could get the death penalty if he's convicted of first degree murder. He's charged with two counts of first degree murder for the deaths of Steven and Michelle Andrews. Cooper's also charged with burglary with assault. The jury could convict Cooper of a lesser charge. No word on whether or not there will be verdict today.


10/15/2008 9:05AM
The jury is deliberating the case. Fred Cooper is charged with two counts of first degree murder and one count of burglary with assault.
If he's convicted of first degree murder he could get the death penalty.



Closing Arguments
The State - "On December 26th, 2005, someone crept upstairs, shot Steven Andrews, pulled Michelle Andrews from her bed, beat her and strangled her.

I can only imagine the thoughts that went through Steven Andrews head, as the bullet went through his jaw, unable to protect his wife.

You will learn from the jury instructions, this type of murder is first degree murder.

Steven Andrews and Michelle Andrews are dead, the killing is premeditated.

There is no question, no issue that these killings were both premeditated and committed during the course of a burglary.

I submit to you the evidence has clearly shown, the person who committed this murder, shot Steven Andrews, suffocated Michelle Andrews is Fred DeWitt Cooper.

Both were brutally murdered. There is no question Steven Andrews was shot while lying in his bed.

Michelle was dragged from her bed, and struggled against her attacker until she was killed on the floor. Undisputed fact her, this is not the work of a drug deal gone bad, or the work of a burglar confronted when he was trying to steal. There is only one person, one reason these murders were committed, passion. No valuables were taken.

Michelle's wedding ring and engagement ring were still on her finger, nothing was taken, this was not done for profit.

We also know there was no confrontation in any other part of the house. Everything else was orderly. There was no blood anywhere else in the house other than Lukasz.

Only one person has been identified with a motive. That's the person who's girlfriend of six years, told him she was ready to move on and move out. The person who's girlfriend was having an affair with Steven Andrews. He (Fred) told Kellie we'll get through this.

That night December 26th, she told you she went out to meet Steven Andrews at their office at Outside Productions. The defendant was on the computer, there were many things on that desk, including the employees address, phone numbers for Outside Productions.

Kellie and Steven's time was brief, because of a call from Michelle. He hurried up and left. Kellie left at the same time. Got home a little before ten to find the defendant on the computer. She told him she was tired, she was going to bed. She heard the kids up, the defendant wasn't there. The defendant's motorcycle wasn't there. At 10:31, we know the defendant riding into the 7-11 in Gateway, we know that because he was photographed on his motorcycle going through there.

We know the defendant did not return home until 3:01 a.m. on December 27th. We know that from the gate code. There are no other entrieds for the gate code for the bar code of Fred Cooper.

Let's go back to Gateway. It's getting close to 11 p.m. A little before 11, Whitney Tinsley is out walking her dogs. As she goes to enter the field her dog senses something, coming out of the shadows is a man. She looked him in the eyes, he went by. There was no recognition, no hi hello, no good evening. She noticed one thing about him he had catchy eyes, unique eyes, he was wearing a camouflage jacket. She went on with the dogs, lost sight of the man, but not before hearing the neighborhood kids.

Three boys see, as they come out of Ben Potter's house, they see a man. A man they all said there was nothing inconsistent with this man here, the defendant ( Fred Cooper ). He's wearing a camouflage jacket, with a hood. How do they know a hood, because he pulled up a hood as he walked by. There all adamant there's enough light to see, no problem we could see.

Neither Whitney Tinsley and the boys saw no one else in the neighborhood. The only stranger seen walking in the neighborhood has the same characteristics as the defendant. Where's he headed toward the Andrews house.

The screen door to the pool area, the sliding doors into the house could be lifted off the track and opened even if they were locked.

The next morning, Kellie Ballew is aware of the defendant coming into her room. Getting something out of there in preparation to leave.

Also that morning Al Lukomski was leaving Gateway for work. He told you it was a cold morning, at 6:45 it was light enough he didn't need his headlights. He saw a man walking into the community the same area Tinsley saw the man the night before. (Same characteristics as Fred Cooper). This person didn't say anything, his eyes were straight ahead walking into the community.

You also heard from Mr. Jimmo, he was up early. He went out to swap the cars, he saw the same thing Mr. Lukomski saw, a strange person walking in with same description wearing a camou jacket.

At 7:05 he saw that same man walking from the corner, the back of the Andrews house walking toward the field.

The 9-1-1 call from the Andrews house was at 7:03 a.m. Douglas Jimmo got a little better look, a little more interested in this person. He identified him out of a police lineup. When Douglas Jimmo sat in this chair, he didn't hesitate, he said that's him right there (pointing to Cooper).

The next time Kellie saw the defendant saw Fred Cooper was at 3:30 p.m. at Village Walk Apartments. Cooper came home on his motorcycle. She left, only to get a call a little later from the defendant.

You need to come home, the competition was out of the way. She said I'm not coming home til you tell me what's going on. Steve and Michelle have been murdered.

Kellie doesn't want to believe it, so she calls her boss. Did you hear anything, I haven't heard anything, let me check I'll get back to you. He calls her back says call the sheriff's office. They're looking into a possible murder suicide at the Andrews house.

Remember what the defendant told Kellie, he didn't say there was a murder/suicide, he said Steven and Michelle were murdered.

Kellie went down to talk to them, told them about the affair, told them about the break up with Cooper and about Cooper having a motorcycle. She called Cooper to come down ( to the sheriff's office).

They noticed something about him. They noticed his right hand was swollen and red, that his arm had a scratch. If you've been watching this trial you know the defendant has been taking a lot of notes, writing with his right hand.

Kellie went in and looked at the scratch, she said it looked like a fingernail scratch to me.

Meantime the investigation is continuing. At the 7-11 they find surveillance video and sure enough what do they see a yellow motorcycle that matches Fred's going through there at 10:31. What's the driver wearing a camouflage jacket.

They want the camouflage jacket, Walter Ryan says I want the jacket, the defendant says it's down at my house. Det. Ryan leaves to go to Bonita, what does the defendant do know.

Goes to his boss, Hey I need to run an errand, he's gone about 25 minutes. When he comes back, he's got the camouflage jacket. He's taking solvent, cleaner used on motorcycle parts, he's scrubbing that jacket, then he takes a razor blade and cuts the lining out. He used so much solvent, the odor was so strong, the lab said there was so much it wasn't worth testing. He cleaned it so good it couldn't be tested.

How long has that liner been ripped, six months. So now after six months he's taking the time to take it out? Remember this is the busiest time of the year (for work), coincidentally after Detective Ryan wanted to take the jacket.

Fred had a gun, it would fit in the back of his bike, along with the change of clothes.

Cooper's DNA was found on Michelle's nightgown and under her fingernails.

He comes in and takes the stand. Sir Walter Scott said "Oh what a tangled web we weave'.

He said they prearranged (with Michelle) meetings, they planned to meet on the 26th. The holidays are a busy enough time.

He was going to the East Coast. She (Michelle) had relatives coming in.
Where does she think her husbands going to be. They don't use cell phones.

There were no calls from Michelle's phone from a 407 area code. He said they didn't use cell phones because we've already proven there were no calls from Michelle to the defendant.

Then they're going to meet at the 7-11, why the 7-11? Because we have his picture there.

That photo with the time 10:31. Then he would expect you to believe she didn't show up so she road his motorcycle to her house.

With her husband there? If he road his motorcycle there he must have had a twin, walking into the gate, Cypress Pointe Community, that twin was wearing the same camouflage jacket, because there was nobody who said anything else about a motorcycle. Nobody saw a motorcycle.

Exactly the same time these three boys and Miss Tinsley seem him walking in, he's riding his motorcycle.

Michelle happens to be in the driveway, in her running suit. Was she going to walk to the 7-11 to meet her. He drives his motorcycle right up there and no one in the neighborhood sees it. They talk in the driveway, one thing leads to another and yep, we had sex right there in the driveway.

At the same time Steven Andrews was upstairs on the computer sending an email to Kellie, which that room faces the driveway, they were having sex in the driveway, that's preposterous!

He testifies she's wearing a running suit with a slip in it, ladies? 'I don't remember what the color the running suit was? Then he says they had sex, he ejaculated on her stomach and she wiped it up with a napkin.

He gave her a card. That never showed up. She gave him a card, last night. Kellie most of thrown it away. Kellie turned over letters, emails, months later she calls and says I found gloves you might be interested in him.

You don't think Steven would have mentioned in those emails, Michelle was out. If his wife was gone out of the house, wouldn't he call her (Kellie) instead of emailing.

Then he tells you on this cold night, he went down to Fort Myers Beach and sat there for four hours.

Then someone else in a camouflage jacket went into the Andrews home and brutally murdered him.

He expects you to believe he did it to protect Kellie.
That's not reasonable ladies and gentlemen.

'Fred if I get into another relationship you'll have to respect that," he didn't say I know, he didn't say anything.

If Michelle was really his confidant, wouldn't he want to help law enforcement.

Nothing is more convenient than this, the only person who could come and say no we were not together that night is dead.

Just as she was unable to defend herself, from the attack of a killer, she was unable to defend herself on October 14th.

Some things you should consider, common sense. The only witness who has testified who has any interest in the outcome, that man over there.

Did the witness give anything inconsistent, I lied, I lied, I lied.

Five time convicted felon...

I submit to you that he took the stand and testified, you can't believe a word he said after he told you his name.

Kellie and Steven were having an affair, they were communicating through text message, emails, cell phones. He (Fred) read her text message)

How creepy is this, Kellie I want to find a song for you on the computer. Hold on to the night, the same song she sent Steven Andrews.

The only way was to elmiinate Steven Andrews. He rode his bike to Gateway, he had a change of clothes, he waited til the lights were out, walked in, fired one shot into Steven Andrews. Why did he kill Michelle? She reacted started struggling with him, maybe the gun jammed after the first shot, he turned around and whacked her, choked her to death on the floor as she scratched him with her free hand.

During the struggle, his DNA got on her, one thing he messed up on, the DNA on the nightgown, it wasn't semen.

The helmet bag and gun has never been seen again.

Why did he go back the next morning? Was he concerned one of them might be alive? Who knows. Maybe he was concerned about the kid. He called 9-1-1, Douglas Jimmo saw him walkin through the yard.

You have to be cool to commit a cold blooded murder like this.

He started getting tripped up, 7-11 photo, being seen by people in Gateway, he had to come up with a story.

Ladies and Gentlemen it's been a long case. Days of testimony, piles of evidence. This case is built on a solid irrefutable amount of evidence.

When you stand back and look at this whole thing, this is abundantly clear, only one person had a motive, Fred Cooper, only one person had the opportunity of being in the neighborhood Fred Cooper, only one person was at the scene, Fred Cooper, only one person has the audacity to show disrespect the murder victim, Fred Cooper.

The Defense Closing Argument - Ken Garber.

Steven Andrews and Kellie Ballew were having an affair. Michelle Andrews was concerned about it. She had gone so far as to confront Kellie Ballew about it. She was upset about the Secret Santa gift, Michelle thought was inappropriate.

There was another phone conversation where Kellie called Steven to help her move. Michelle intercepted the call and had confronted Ballew and told her that was inappropriate.

Michelle is looking for someone to reach out. She's looking for someone who can help her save her marriage. That person she turned to is Fred Cooper. She called him at work. She would have access to his work number, the same contact number found in Kellie and Fred's home, was also in the Andrews home. It had Fred Cooper's work number.

Michelle is not going to want to publicize that's she's doing that. This is something very personal to her. So she meets Fred Cooper at UNO's. They're both hurting, they both want to save their relationship. They agree to trade information. They're exchanging common feelings they're going through.

This finally culminates in this December 26th meeting. Michelle tells Fred Steven has admitted the affair to her. They know their suspicions are confirmed. It's an emotional meeting. One thing leads to another they have sex.

Upon his arrest, to the very vague assertion that DNA doesn't lie, Cooper told Det. Ramsey he had sex with Michelle.

He knew it was going to come out, he had to come out with the truth. He wants Kellie to hear it from him. He calls Kellie and tells her.

Lee County Sheriff's investigators spend three days at that crime scene. They send Fred Cooper's, they get his DNA, to compare it. You heard the testimony from Gabi Suboch, the lead crime scene person.

The State would like you to believe Steven was the target. It doesn't fit with the crime scene. It's very apparent, Michelle was posed in the position, she's lying on her back with her legs spread open, facing the door. She could be the target of this crime. Remember when Rebecca Hamilton did the autopsy, she found the only wound Steven had was a gunshot wound. There could be another motive unknown to us.

They send all of this stuff away, they find out no connection with Fred to the house other than the nightgown, DNA consistent to his. ( and under her fingernails).

During the autopsy found Hamilton Michelle had consensual sex recently. She said she had defensive wounds on her hands. She put up a fight.

One of the flaws I think in the investigation, although the sheriff's department recovered evidence from the bed itself. The right side had drag marks, according to the lead crime scene technician, as if she were resisting coming off the bed.

The lab didn't test the sheets. Neither the State Attorney's Office or Sheriff's Office had the sheets tested.

They went to greater lengths than that. They took Cooper's bike, disassembled it. They went over that thing with a fine tooth comb. They found no blood. Except on the key, they found his DNA. They found no one else's.

They took his shoes. The Adidas tested positive for blood, it was female. Fred Cooper lives with three females. They took two the pairs of shoes, boots and Nikes.

They left no stone unturned to connect him to the crime scene.

We know what happened when he came down there. After talking to police, they asked Kellie to get him down there. She needed an alibi, that was just a rouse.

She told them, they were breaking up, he (Fred) didn't want the break up, they used his emotional situation to bring him down there.

What they're doing is diluting him as to his true position. Then when he comes down there, they talk for a while. I'm going to read you your rights, it's just a formality. Just like when we read Kellie her rights. They never read her her rights. They asked him if he left the house that night, he told them no.

Kellie said they told her to act upset. It's interesting to note, Walter Ryan testified by the end of the interview she was called and collective.

What is the conversation, hey, you alright, no I'm really scared, Why? I need an alibi for last night. I'm on my way.

The last thing Cooper wants Kellie Ballew to know is his one nightstand with Michelle Andrews, he certainly doesn't want to. He found out about the affair from Michelle Andrews.

He couldn't give her an alibi. What I see here is loyalty and betrayal.

The suspicious cleaning of the jacket, they don't point out to you the cleaning takes place in a wide open area. You've seen the pictures the whole area is wide open. He cleans it in plain sight. He apologized to Walt Ryan when he comes back, I had it all the time it was in my trunk.

They're asking you to assume his guilt, it doesn't add up. When he comes to work that morning on the 27th, he wore to work. Why did he wear it to work, because there wasn't any blood on it.

The State talked about Al Lukomski, Douglas Jimmo seeing him on the 27th. Lukomski didn't identify Cooper. He didn't get a good look at the man's face. Mr. Jimmo wasn't a 100% sure. It's important to note, this was at a very early hour in the morning. He (Lukomski) couldn't describe the face. Mr. Jimmo said he was moving the cars.

Kellie Ballew testified Cooper came into her bedroom the morning of the 27th. She said it was getting light out.

The evidence indicates it was not Mr. Cooper.

Camouflage jackets are a common garment. Hundreds are sold every year.

Mrs. Tinsley said she was at a friends house that night, took the dogs for a walk, when she saw the person approaching her in a camouflage jacket.

She even commented as the boys come out, they were acting goofy.

Potter couldn't pick the man out of a lineup.

Even the times don't jive. The photos at 7-11 show Fred going through at 10:31 all the neighbors say they saw the man at 11.

Trial is the search for the truth. Fred Cooper has tried to bring you the truth. Did you use bad judgment in lying to police, no question about it. The fact that he was untruthful, plagued with guilt, when you consider what was going on with these two families at the time. But, the fact that he lied does not equate guilt.

The State would rely on testimony from Jimmy Lynn Craven.
She first sees Cooper in a red jumpsuit, chains around his waste.
Two weeks later Walter Ryan comes out to take her statement, shows her a photo spread. She says well, he looks similar to number three (in a photo line up). Nothing really stood out.

Cooper gave detectives permission to search his place twice.

The defense says the medical examiner could not determine a time of death for Steven Andrews. The M.E. said the murders could have happened around 3 a.m.

11:25 a.m. Fifteen Minute Recess.

11:45 a.m. Court Back in Session -- Defense continues closing statements

DNA -- sent Michelle's nightgown in for testing. Swab taken from outside of nightgown had a partial profile -- other areas, the lab got no information. What we find out is there are three sites in this profile where there is foreign DNA (not Cooper's or Steven Andrews's).

DNA can be washed off. It's reasonable to think that Michelle had recently washed that nightgown.

Defense moves on to discuss DNA on the inside of Michelle's nightgown. There are seven areas where there is no DNA or unusable DNA samples.

"oOlks, I've tried to show you doubt. You might see even more than I've pointed out," Ken Garber, defense attorney, says.

State rebuttal:

State says Michelle's body links Cooper to the crime scene. Prosecutor says this while showing a graphic picture of Michelle's body to the jury. Unidentifiable female blood is found on the laces of Cooper's shoes. Cooper cleaned his bike and jacket before giving it to detectives.

Don't reward the defendant for taking the stand.

10/13/2008 12:44PM
WINK News Reporter Holly Wagner's courtroom blog:
The defense rests its case. Closing arguments will take place tomorrow morning at 9:00. Then the jury will receive its instructions and move into deliberations. If convicted, Fred Cooper could get the death penalty.

10/13/2008 10:15AM
WINK News Reporter Holly Wagner's courtroom blog:
Fred Cooper takes the stand in his own defense.

Cooper says he started dating Kellie Ballew when he was 21.
His daughter was born August 30th, 2000. He was a landscaper then.
Cooper says he went to school to become a motorcycle mechanic, so he moved with Kellie to Orlando.

"When we first moved to Orlando we lived with Kellie Ballew's immediate family, her mom and dad."

Then they moved to an apartment for two years. They decided to move to Southwest Florida so Cooper could work at Sun Sports. He says his mother lived here.

"After I was hired, we decided to move here."

Cooper says he wanted to live closer to his mother.

"We moved in with my mother, in June of 05."

Cooper says Kellie found a job about a week after they moved at Outside Productions. He says his mom was helping with their daughter.

"Did you get to meet the colleagues of Miss Ballew?"

"Yes, I was off on Mondays, so I picked up Kellie for lunch every Monday."

"We had a weekend outing where we went and stayed on Sanibel for the weekend."

Cooper says he met Steven and Michelle Andrews at another time.

"She was out there visiting Steve one of the times I was there."

"Were there other office functions before the Christmas party?"

Cooper says there was a house warming party and a Christmas party.

Cooper says they moved into his mother's temporarily. He says, Kellie, his mother, his daughter Carlie were going to move into Village Walk. The moved in early November of 2005.

"In December of 2005, how was your relationship with Miss Ballew?" - defense.

"Rocky, we had our problems in the past, just trying to deal with them." - Cooper.

At the time of the Christmas party he says he had been arguing with Kellie.

"Did you feel this was the end?" - Defense.

"No,we'd been through the same thing before."

Cooper says at the Christmas party he sat at the same table with the Andrews.

Cooper says he received an unusual phone call from Michelle Andrews.

"Shocked."

Cooper says she was on the phone with Michelle for a minute or two.

"Over the course of the relationship you never really knew with Kellie ( referring to infidelity)."

Cooper says they had an agreement with Michelle Andrews to meet at Daniels Parkway at UNO's.

Cooper says Michelle believed Steven and Kellie Ballew were having an affair.

"How Steven and Michelle's relationship had been going over the last few weeks."

Cooper says they planned to keep in contact (him and Michelle).

Cooper says Michelle shared information about how her and Steven were doing.

"She was very distance (Kellie) unemotional."

"We had been laying in bed one night she asked, stated she wanted to end her relationship."

"I was pretty upset."

Cooper says he planned to take steps to move out. Kellie asked him to move out before the New Year.

Cooper says before Christmas he received a phone call from Michelle.

"The day she contacted me she was upset and emotional. She asked if I would meet her."

"She asked if I would meet her after work."

Cooper says it was to take place in the Gateway Community.

Cooper claims he scheduled to meet Michelle Andrews at 7:30. He says he didn't know how to get there at the time, she told him how to get there.

Cooper says this was a week before Christmas. Cooper says he met with Michelle.

"She was concerned with Steven and Kellie, what they actually had been doing. Steven had been denying the affair had been going on. She didn't know it was sexual at that point."

"A bit shocked. (his reaction)."

"She (Michelle) was very emotional."

Cooper says he was there at her home for about 20 minutes.

Cooper claims he bought Michelle a card.

"Did you ever call Michelle Andrews?" - Defense.

"No."

Cooper says he didn't confront Kellie because he didn't want to make the situation worse.

"Tell me about your work scheduled the week before Christmas?"

"Hectic." - Cooper.

Cooper says he wasn't free to take long lunches or leave without his boss knowing. He says he did not go to Gateway on the 23rd. Jimmy Lynn Craven told the jury Friday, Cooper came to their community and asked for the gate code to Cypress Pointe.

Cooper claims Michelle called him the 24th to see what his plans were for Christmas and how things were going with Kellie. He says they arranged a meeting on December 26th.

"If she could get away we were going to meet at the 7-11."

Cooper says he was supposed to meet Michelle at 10:30 at the 7-11. He claims Michelle gave him a photo. Cooper claims all of the phone calls from Michelle were made to his work.

Cooper says on the 26th, he didn't have plans, he did look for an apartment.

"She was actually online with me, I had signed up for a roommates website."

He says he had lunch with Kellie on the 26th.

"She had asked if when she was dating someone else, I would respect her boundaries."

Cooper says he didn't confront Kellie because they had been through these problems before.

"That evening of the 26th did you have an opportunity to go back online to search for an apartment?"

"Yes."

"Did you have access to her emails."

"No." - Cooper.

"I didn't know her email address."

"On the computer desk there was also a work information sheet?"

"There's a lot of stuff on the desk." - Cooper.

Cooper says Kellie got a phone call the night of the 26th, said a friend of hers from work, Claudia wanted her to come over.

"She said she was going to Claudia's for a while."

"She left around 8 o'clock."

"She got back right after 10 o'clock."

Cooper says he planned to meet Michelle that evening. He says he left his home a little after 10.

"I was going to meet Michelle at 7-11."

Cooper says Kellie called while he was in route, and he did call her back.

"She asked me where I was, I said I needed to clear my head."

Cooper says after he was there a few minutes at the 7-11, he proceeded to the Andrews home. He claims he saw Michelle coming out of her home.

Cooper says he was wearing his camouflage jacket and jeans. He says Michelle was wearing a dark blue/black track suit.

"She was pretty upset. She learned from Steven he was having an affair with Kellie."

"She was very upset, she was emotional, I was upset too. We were going through the same experience."

Cooper says something more intimate happened. "It just happened."

"missing the compassion from our significant others."

"Did you have sexual relations with Michelle Andrews?"

"Yes, I did. In the vehicle (Toyota Four-runner)."

Cooper says he didn't ejaculate in her as a form of birth control.

Cooper says Michelle was wearing a blue slip underneath her track suit.

He says Michelle gave her a card.

Cooper says after they had sex, he left the Andrews around 11 and went down to Fort Myers Beach.

Cooper said he went to a beach access and parked his bike and was thinking about everything.

"I wasn't keeping track of time."

On the morning of the 27th, Cooper says he woke up at 6:30, digressed, checked in on Carlie, got a clean pair of socks, I left Kellie Ballew a note and went to work. He says he left around seven.

Cooper says he got to work early, as usual, but then left early, around 3:00.

He says he was opening left over Christmas presents on the couch when he heard on the news of the Andrews' murders.

Cooper says he then received a call from Kellie asking him to come and pick her up from a friend's house because she couldn't drive.

Cooper then talked about why he was willing to give an alibi, and why he denied knowing Michelle Andrews or where she lived. He said he knew he did nothing wrong and was afraid Kellie would find out about his sexual relations with Michelle.

Cooper was then asked about where and why he purchased a gun. he says he bought it because Kellie did not feel safe in their home. He also said he got rid of the gun by disposing of it near Wiggins Pass, whee he liked to fish., He said he did so because Kellie asked him to get rid of it and he was tired of seeing it.

Cooper then was asked at length about his camouflage jacket, which he testified earlier that he had been wearing the night he met Michelle in her driveway.

Cooper acknowledged a detective came by his home and he gave authorization for a search. The detective was unsuccessful in his search.

Cooper then said he later found the jacket at work in his motorcycle. When asked why he was later seen using aerosol spray on the jacket, he said he was trying to clean he dirt off of it from hours of riding.

Cooper is asked about his statements to detectives one by one, and asked to tell the court whether they were the truth or a lie. Cooper admits to lying about several of his statements about Kellie and their relationship.

Cooper is then asked whether it would have been easier to save his relationship with Kellie with Steven out of the way. Cooper denies thinking that.

Cooper is asked if he lied to Det. Ramsey about whether he thought Kellie was having an affair. Cooper said he admitted what he said was a lie.

Cooper admits he knew detectives we looking at him as a suspect several days after the murders. He says he admits he knew he was the person seen in video used as evidence by detectives.

The State asks Cooper if his testimony that Michelle primarily contacted him through his work phone was accurate. He says yes, because he and Kellie shared a phone. He says his work did not mind the calls and he was notified about the calls over the company's PA system.

Cooper is asked about his testimony about the night he and Michelle had sex in the SUV in her driveway.

Cooper is asked about the phone call he made to Kellie the day he was arrested. Cooper says detectives told him they were arresting him based on DNA evidence. Cooper is asked if told Kellie that he had sex with Michelle the night before. He says he did tell Kellie about his involvement with Michelle so she could hear it directly from him.

Cooper said he knew he had to tell Kellie about his affair because of the DNA evidence found on Michelle. Cooper tells the state "I did not kill Stephen and Michelle."

Cooper is shown a letter he wrote to Kellie about his sexual encounter with Michelle. He reads "The meaning was real, but the physical aspect was not."

Cooper is asked if it is true - his worst fear was Kellie finding out about his affair with Michelle. He says yes.

Cooper is then asked about the rip in his jacket and when he tore out the liner. He is then asked again about the location of the jacket. Cooper says it was in his motorcycle.

The State is pointing out the inconsistencies of what Cooper told detectives.

"Do you remember telling Kellie Ballew about why you were scrubbing your jacket? That you were trying to get hair off of it."

Cooper says he didn't explain that to her.

Attorney Anthony Kunasek asked Cooper about the card Michelle supposedly gave him.

Cooper says it was in storage from when the moved, he claims Kellie Ballew must have thrown it away.

"You also testified you didn't know her password for her email or look at any of her text messages. How did you know about that song?"

"Actually referencing that song, it wasn't for nothing I saw on her phone."

In the re-direct, Cooper says Ballew threw out his belongings and out of all of the items he had, he only got one box back from her.

Cooper's attorney is again pointing out that he cleaned his camouflage jacket in front of people at work, that he didn't try to hide it.

Cooper says on the first night they were interviewed by detectives, he really believed Kellie Ballew needed an alibi.

"Did you hurt these people?"

"No I did not." - Cooper.



The State rested its case against Fred Cooper. Defense Attorney Ken Garber will begin calling witnesses. Cooper could testify this afternoon.

The defense called James Peters from Sun Sports, Cooper's former boss.

Attorney Ken Garber submitted Fred Cooper's time card into evidence. The time card is from December 23rd, 2005. Peters says it shows Cooper clocked in at 7:30 and didn't leave until 5 p.m.

Last Friday, the State called Jimmy Lynn Craven who testified on the 23rd, Cooper came into the Gateway Sales Office and asked for the gate code to Cypress Pointe where the Andrews lived.

The defense also asked Mr. Peters about a helmet bag. Neighbors in Gateway say the night before the bodies were found, they saw a man with camouflage and a backpack walking through their neighborhood. They say the backpack had strings, and the State's question appear to they believe it was a helmet bag. Cooper's helmet bag for his motorcycle helmet is missing.

(The jury is not present for this portion)
Cooper asks how she's doing. Ballew says she needs an alibi and asks him to come to the sheriff's office.

Now the defense is playing a statement made by Jimmy Lynn Craven following the murders. Friday Craven told the jury Cooper came in and asked for the gate code to the Cypress Pointe Community. She told him they could not give that information out. He would not give her any information about the person he claimed to be staying with. Craven said the man was on a motorcycle. Craven said he had facial hair, rounder face, short hair. When looking at the photo lineup, she said they all kind of look alike. Craven told Detective Ryan very similar to number 3 (which was Cooper), but she can't say for sure.

This portion was not submitted into court, neither recording. So the defense likely played the portion so it's on record in the event there's an appear.

The defense calls its third witness, Jeannie Roedding. She works in the Gateway Community with the homeowners association. In December of 2005, she worked with the board of directors for that community.

Roedding says she met with Steven Andrews because he was on the board. She says owners were not to park in the street.

"I received a report about a vehicle in front of his home overnight."

Roedding says the phone call she made to Mr. Andrews was within a week of the murders.

The fourth witness, Wilda Haines, she lives in Gateway and knew the Andrews. She left her home a little bit before 7 a.m. on December 27th, 2005.

"I saw a man walking toward the area where I was leaving."

"I didn't see him until the gate opened. I saw the (individual) walking across the field."

Haines says the person was in black.

She saw a white truck, and a front wheel of a motorcycle. She says it was red. Haines says she hadn't seen the truck or motorcycle in her neighborhood before.



10/10/2008 5:00PM
WINK News Reporter Holly Wagner's courtroom blog:
The State called Jimmy Lynn Craven to the stand. Craven worked at the Gateway Sales Office in December of 2005. She told the jury, three days before the murders, a man came into the office asking for the gate code to the Cypress Pointe Community (the Andrews lived in Cypress Pointe.) Craven told the jury, the man had short hair, was balding, and had facial hair. She told him he couldn't have the code, and he left on a motorcycle. Craven testified she didn't think anything of it until she saw the arrest of Fred Cooper on the news. She said when she saw his photo "the hair on the back of my neck stood up". Craven called detectives and picked Cooper out of a line up.

Dr. Julie Heinig, DNA Diagnostic Center, she's an assistant laboratory director in forensics.

Dr. Heinig testified Steven Andrews and Fred Cooper's DNA were found on the inside and outside of Michelle Andrews nightgown. Dr. Heinig says in her tests show they found DNA from Michelle Andrews fingernails. Dr. Heinig says there are no profiles consistent with any other person on Michelle's nightgown.


10/10/2008 2:20PM

Sarah Wojslaw, she is an employee at the Hamilton County Coroner's Office in Cincinnati. It is a crime laboratory for that area. Wojslaw worked at DDC, DNA Diagnostics Center.

Wojslaw did DNA analysis on multiple items include Michelle Andrews fingernail clippings, her wedding bands, Cooper's camouflage jacket and the lining.

Wojslaw tested all of the items for blood, she found blood on Michelle Andrews fingernails.

Cooper's camouflage jacket and lining did not have blood on them.

The sexual assault kit performed on Michelle Andrews did come up positive for semen.

"For the sperm fraction I did get a mixture for that, Steven Andrews and Michelle Andrews."

"For both of the fingerclippings matched up with Michelle Andrews."

Wojslaw ran a special test on those fingernails that focuses on the male DNA because there was so much female DNA.

Wojslaw said this about the camouflage jacket and the lining.

"There were some very discolored areas of the jacket, I could tell the jacket had been cleaned with something. I did not feel it would be even possible to get DNA from the jacket or the lining."

In the cross examination, the defense is pointing out DNA testing of Fred's camouflage jacket had no evidence of blood. However Wojslaw said it appeared the jacket had been cleaned.



The State is recalling Sheri Dunaske (Roan) with the Lee County Sheriff's Office.

Dunaske took Cooper's black Adidas tennis shoes into evidence on December29th.


10/10/2008 1:30PM
WINK News Reporter Holly Wagner's courtroom blog:
Robin Ragsdale works for FDLE in the crime lab.
Ragsdale works with identifying DNA, and performed DNA analysis on Cooper's case.

Ragsdale says the phone taken from the Andrews home had no presence of blood. Ragsdale says there was a DNA mixture on the phone with DNA from both female and male, but there wasn't enough to put together a profile.

Ragsdale is now looking at the Andrews' little boy, Lukasz clothes. She did DNA analysis on his pants and socks.

"Both of the socks gave chemical indications of blood."

Ragsdale says the blood on the toddler's socks matched Michelle Andrews.

Ragsdale says Lukasz pants also had blood on them, on both knees. The blood matched Michelle's Andrews DNA profile.

The State submitted a pair of jeans into evidence. Ragsdale tested those jeans for blood and DNA.

"The stains I tested gave indication of the presence of blood."

Ragsdale said the major profile matched Michelle Andrews. All of the areas included MIchelle Andrews, some Steven Andrews and Kellie Ballew.

Ragsdale also analyzed the blue nightgown, Michelle Andrews was found in. Ragsdale analyzed the gown for blood and semen. She did not find any evidence of semen but did find the presence of blood on the front and back of the nightgown.

Ragsdale tested two other spots on the nightgown, that appeared to be mucus like. It didn't test positive for semen. The stain had a three DNA profiles, including Michelle Andrews, Steven Andrews, and Fred Cooper. Cooper's DNA is on the inside of Michelle's nightgown. There were two spots...on the second spot. The area had a mixture of DNA, including Steven and Michelle Andrews, and Kellie Ballew.

The pink rag detectives found outside of the Andrews home also had a presence of blood. Ragsdale says the blood on the rag didn't match any person involved in this case.

Ragsdale tested Fred Cooper's Adidas tennis shoes, she says the shoes gave chemical indications for the presence of blood. Two areas on the left shoe had blood on them. A DNA profile was not obtained on the left shoe. On the right shoe, Ragsdale found an area with the presence of blood. The only thing she could determine was the blood came from a female.

Ragsdale is now commenting on the lining cut out of Fred Cooper's jacket. Ragsdale says there was no presence of blood in the lining, remember Cooper's former boss testified earlier this week saying he watched Cooper cut the lining out of his jacket at work.

Ragsdale also anaylzed Cooper's camouflage jacket for the presence of blood. She took one hundred swabbings from the jacket. That also did not have a presence of blood. Cooper's boss testified this week that he saw Cooper cleaning his camouflage jacket with brake cleaner.



10/10/2008 9:20AM
WINK News Reporter Holly Wagner's courtroom blog:
The State expects to rest its case against Fred Cooper today. We will hear from a detective and DNA analysts today.

Shawn Ramsey is a detective for the Lee County Sheriff's Office. In 2005, Ramsey was an investigator with the major crimes unit. Ramsey conducted an interview with Fred Cooper on December 29th, 2005, that was two days after the Andrews bodies were found. Ramsey was also part of the unit that followed Cooper to the Orlando area the week following.

"There were four detectives that followed Mr. Cooper to the Orlando area." - Ramsey.

"Our objective was to maintain observation of his whereabouts."

Ramsey says there were no times when he was not being followed.

"He would spend the night at a different residence, but then return to the residence where she was staying during the day."

Ramsey talking about Fred Cooper spending time with Kellie Ballew in the Orlando area following the murders.

Ramsey says Cooper was arrested in Winterpark. Ramsey then road with Cooper (Cooper was handcuffed) back to Fort Myers to the Lee County Jail.

"He reminded me of an initial conversation we had before the arrest, when he (Cooper) said he would make himself available if they got the evidence they needed."

Ramsey told him the DNA didn't lie.

In response to Ramsey's comment, Cooper told him he had consensual sex with him the night before the Andrews bodies were found. He stated he ejaculated during intercourse and that's why the DNA would have been on Michelle. Ramsey says Cooper also told him Michelle contacted him a couple of weeks prior.

Ramsey says Cooper called Kellie Ballew after his arrest and this is what he told her.

"Mr. Cooper kept telling Kellie to read that, and that he had consensual sex with Michelle Andrews the night before the bodies were found."

Ramsey wasn't sure what Cooper was referring to when he said read that, but did hear Cooper say he wasn't truthful with Kellie.

The State submitted Cooper's booking photograph into evidence.

Ramsey says Cooper's appearance did not change during the course of the investigation.

Cross Examination:

Ramsey says when Cooper was leaving his home in Orlando, he on occasion would come out and tell detectives where he was going.

Defense Attorney says Cooper didn't try to run, and said he would cooperate if arrested.

"THese conversations you had with him on tape where not recorded?"

"That's correct," - Ramsey.

In a statement Cooper gave Ramsey on December 29th, Cooper claimed he did not know the Andrews other than company outings.

Garber asked Ramsey if Cooper mentioned to Ballew, where it was that he had sex with Michelle Andrews.



10/08/2008 4:40PM
WINK News Reporter Holly Wagner's courtroom blog:
Detective Walter Ryan with the Lee County Sheriff's Office is on the witness stand. He is the lead investigator on the Andrews' murder case.

"That morning, the violent crimes unit was summoned by the East District division to the Gateway subdivision."

Detective Ryan got there around 8:20 - 8:30. Ryan says there were quite a few detectives and officers there.

"The lead detective is assigned the case, can delegate other detectives to assist with the investigation of that case."

"In cases where there's a death involved, is it the lead detectives responsibility to meet with next of kin?"

"Yes." - Ryan.

"Once you arrived on scene what did you begin to do?"

"I met with my supervisors, I was given a brief summation of what information had been retrieved."

"I was shown the crime scene, I was taken through, I walked through the crime scene and around the home." - Ryan.

"I entered through the front door."

"It's a sweep through the crime scene to figure out what may have happened there."

"Did you see anything missing?"

(on the first floor) "No."

"Did there appear to be anything out of place on the ground floor?" - Kunasek.

"No."

"Looking for a point of entry, broken windows," - Ryan says they found no signs of forced entry.

Ryan says the master bedroom had signs of a struggle.

"When first entering the bedroom, we discovered the lifeless body of Michelle Andrews, partially disrobed facing the entrance of the bedroom. There was a lot of blood around her, the bed sheets appeared to not only slept in but (messed up)."

"Steven Andrews was next to the bed with blood spatter on the wall."

"Underneath a pillow we found a fired projectile."

"Myself and Sgt. Kevin Ferry walked around the home we went to the northern end of the home, in a counter clockwise movement."

"We looked for signs of forced entry. We found the screen door to the lanai was open."

"Sgt. Ferry and I approached the sliding glass doors, the sliders weren't fully closed."

"I was told Michelle Andrews mother Linda Kokora had arrived at the scene and she wanted to come up."

"I signed out and drove to the sheriff's office headquarters."

At the time, Det. Ryan says he was informed other detectives would be doing a neighborhood canvass.

"At 5 pm every afternoon we would have a briefing and everybody would explain what they did that day."

"Linda contacted her husband Dan. The Andrews were picked up by another deputy and driven to headquarters."

"Did you tell them what was discovered at the residence?"

"Yes." - Ryan.

"Based on your observations of the walk through what was going through your mind as to how you would proceed?"

"It was obvious this was a homicide investigation, but what was a little bit puzzling was there was no forced entry, nothing was stolen, it seemed they were targeted."

"After they gained some composure and spent sometime with their grandson. I wanted to get some information on Steven and Michelle, their background," - Ryan says he took statements next.

"After taking the statements from their parents had you generated any suspects?"

"There was a person we wanted to talk to, who ended up calling us." - Ryan.

"Kellie Ballew."

Ryan says they met with Kellie the same day around 5 o'clock in the afternoon.

"I wanted to meet with her co-habitant boyfriend Fred Cooper."

'Based on information I obtained from her, and from detectives who did the area canvass I wanted to talk to him."

"Kellie confided she was having an affair with Steven. Michelle's parents say Michelle suspected Steven was having an affair with a co-worker. Also the neighbors who say they spotted a white male with a camouflage jacket."

"Kellie indicated her boyfriend had one."

Ryan says he met with Fred Cooper that night.

"Kellie Ballew called him and asked him to give a statement."

Detective Ryan says he asked Kellie to call Fred, and if he asked why, Detective Ryan told Kellie to tell Fred she needed an alibi.

"Did you ask Miss Ballew about her whereabouts?" - Kunasek.

Ryan says he met with Cooper sometime after 6. Ryan says Cooper drove his mothers Saturn.

Ryan says he interviewed Cooper with Detective Kalstrom.
Ryan says Cooper did not appear to be under the influence of drugs or alcohol.

"Initially around Kellie, their break up, her whereabouts the night before, his whereabouts, I asked him if he owned a motorcycle and a camouflage jacket. He said he did."

"The questioning that was about to occur was more accusatory, so I read miranda rights from a card."

"Did you notice, make any observations?"

"I noticed his arms had scratches on them, and his right hand, his knuckle appeared to be swollen."

Ryan says they took photos of Cooper's arms when they went to his home later that evening.

"As you looked at them, did they (scratches appear to be fresh)?" - Kunasek.

"Yes, I asked him if he'd been in a fight."

Attorney Anthony Kunasek is submitting the statements Detective Ryan took from Fred Cooper the night of the 27th.

"Did you ask the defendant as sometime on the 27th to provide a DNA sample?"

"Yes." - Ryan.

"Did he agree to do so?" - Kunasek.

"Yes."

The State has submitted the swab Detective Ryan used to get Cooper's DNA on the 27th.

"Was that item sent for testing?"

"Yes." - Ryan.

"After you took the statement was Cooper free to go?"

"Yes."

Ryan - "I asked for his consent to search his home."

Ryan says he agreed.

Det. Ryan says when he arrived at Cooper's home, they took pictures of Cooper's arms. Ryan walked around the home to see if anything jumped out at him.

"I was looking for, clothing, shoe items, anything with blood staining."

Ryan says he didn't see anything.

The State played Cooper's statements to detectives the night of December 27th, 2005.

The jury heard Cooper say he and Kellie had broke up. She kept walking out of rooms to talk to someone. He says he knew the Andrews, met them at company outings.

In the taped interviews Cooper says he didn't leave their (Kellie and his) place the night of the murders. Cooper claims he was in the garage tinkering with his motorcycle and out driving it, and was in for good between 11:30.

"I was having a hard time dealing with our separation. I saw myself looking a the gun way too much." - from taped interview with Cooper.

Cooper also said he used to have a handgun. He told Detective Ryan he got rid of the gun three weeks ago. He says it was a 25 and he kept it in the closet. Cooper claims Kellie didn't have a problem with it. But Kellie said in her testimony - she told Cooper to get the gun out of the house.

Cooper says he was contemplating suicide because of their break up. He told Detective Ryan he threw his gun into Wiggins Pass.
Detective Ryan asks him about his motorcycle and his riding jacket.

"Me and Steve are two totally different people, two totally different personalities." - from interview.

Cooper says he didn't follow her, or snoop around her things.

Detective Ryan said three of them talked about seeing a racer type motorcycle leaving the Gateway neighborhood that night.

"Here's the other thing, more than one person did describe a man with a camouflage jacket."

Cooper told Detective Ryan he had no idea where the Andrews lived in Gateway.

"I didn't even know she was seeing Steven."

Det. Ryan says, "It looks like you have a lot of scratches and your right hand is swollen." (in the tape interview)

"We've got DNA and we've got fingerprints." - Det. Kalstrom.

"You say you've never been in their house before."

"I wasn't there," - Cooper in interview. (audio tape)

The audio tapes are over, and now Detective Ryan is opening evidence, Michelle Andrews wedding band and it's her engagement ring.

"Did you learn about a 7-11 video tape?"

"Yes I did." - Ryan.

"On the afternoon of the 29th, I travelled to the place of his employment, Sunsports." ( Det. Ryan talking about Cooper )

"I asked him about the sticker for the gate code to his community."

"I asked him how he would place it on his motorcycle to allow it to be scanned."

"I photographed it."

"I brought up the conversation about his camouflage jack it, I asked him if I could obtain it."

"I asked him about the jacket, he said it was at his home."

"He signed a search warrant home."

Detective Ryan went to get it at Cooper's condo in Bonita Springs.
Ryan says the jacket was not there.

Ryan got information about the jacket, went back to Sunsports.

"He apologized said it's in my work trunk."

'When you retrieved this did you get close to it (camou jacket)?"

"Strong odor of some kind of petroleum, aerosol kind of smell."

"I asked (Mr. Cooper) if he would come back to the sheriff's office after his shift for another statement."

Detective Ryan held up camouflage jacket in evidence, it has a hood on it.

The jury is now hearing the third tape interview Cooper did with detectives on December 29th. This was after Detective Ryan took Cooper's camouflage jacket and lining into evidence.

Cooper told detectives his relationship with Kellie Ballew was rocky. He said she wanted to split up. Cooper said he had no idea Kellie was seeing Steven.

Cooper said he knew the Andrews lived in Gateway but not exactly sure.

"You previously told investigators you got home at what time?"

"Sometime between 10 and midnight." - Cooper (audio tape)

In the audio tape, the detective is asking Fred Cooper about his motorcycle. The detective showed Cooper pictures of what they believe is Cooper on a motorcycle at the 7-11 in Gateway.

"I don't see that as me."

"That does not show me." - (Cooper audio tape)

"You have a bar code, gate code. We went down and met with the security company, we pulled the security codes."

"You pulled in at 3:01 in the morning."

"It's impossible (Cooper audio)."

"The female victim has defensive wounds on her."

"I don't know." - (Cooper audio)

Detective Ryan says they did a more thorough search of Cooper's home following that third interview. Following that interview they also put Cooper on open surveillance.

The surveillance continued when Ballew and Cooper moved to Castlebury, Florida the first week in January.

Cooper was arrested January 11th, 2006.

After his arrest, Detective Ryan asked crime scene investigators to go back to the Andrews' home and process Michelle Andrews car.

(Cooper claims he had sex with Michelle Andrews the night of their murders in a car).

"Shortly after this investigation began, Florida DOT workers were cutting back debris on I-75 near Bonita Beach, they located what they found as a handgun."

Detective Ryan says it was sent to FDLE. Ryan says that gun was not used in this case.

"A second firearm was found in a drying up lake within Gateway. The sheriff's office responded, photographs were taken, it was sent to FDLE."

Detective Ryan says that was not connected to the case either.

A third firearm was used in a homicide case, it was tested and determined to not be connected to this case.

Detective Ryan says they have not found a firearm in this case.


10/08/2008 11:00AM
WINK News Reporter Holly Wagner's courtroom blog:
Christopher Stroka works at Enterprise Rent-A-Car.
Stroka was a detective with major crimes at the Lee County Sheriff's Office. He worked the crime scene the day the Andrews were found.

Stroka went to Sunsports, Cooper's work to pick something up. Stroka collected the lining of Cooper's jacket into evidence. It was found in a trash can in Sunsports.

The State has submitted the lining into evidence. There are two pieces.

Stroka also took a statement from James Peters. It was lost and had to be retaken in March.

Garber is asking Stroka about a black garbage bag one of the neighbors pointed out on the 27th.

"Torgerson said that was unusual, the Andrews were neat people."





10/08/2008 10:50AM
James Peters Jr., he works at Sunsports on Colonial Boulevard.
He is a motorcycle technician and the shop foreman. Peters was the service manager in December of 2005. His office was in the workshop area, and he could see through the service area.

"Did you know Fred Cooper?"

"Yes, I hired him." - Peters.

Cooper worked at Sunsports for 8 or 9 months. He was a technician.

"Motorcycles, ATV's."

Peters says Cooper had a motorcycle, yellow Suzuki.

Peters says business was very busy in December of 2005.

"Let me call your attention to the end of December of 2005, had you become aware of the double homicide in Gateway?"

"Yes, (through) the news." - Peters.

"Did you see Mr. Cooper being talked to by detectives from the sheriff's office?"

"I can not recall but referring to my statement, evidentally I did."

"Did Mr. Cooper ask to run an errand?"

"Yes."

"He left on his motorcycle."

Peters says Cooper was gone approximately 25 minutes.

"When he came back in the shop he had his camouflage jacket with him and spent the next hour scrubbing and cleaning his jacket."

Peters was in his office which had glass windows watching this.

"What was he using to spray on his jacket?"

"Either a carborator cleaner or an electrical cleaner."

"You said for about an hour?" - Attorney Kunasek.

"To clean, they evaporate, they cut through a lot of dirt and debris." - Peters.

The State submitted a photo of Fred Cooper's work station.

"Did you see him do anything else to his jacket?"

"Yes it appeared he cut out the liner of his jacket with a razor blade or something."

"He threw it in the trash can."

"After you observed this happening, did you do anything, did you make any calls?" - Kunasek.

"I was told to keep an eye out if I saw this jacket, to make the appropriate call and that's what I did."

"A couple of cans of the spray cleaners we use and some of the rags we use to clean," - what Peters says he gave detectives.

"Was there a video system set up at the Metro Parkway store?"

"Yes." - Peters.

The State is submitting photographs which depect the entrance to Sunsports. The time and date on the photos is December 27th and December 29th.

"Does it appear Mr. Cooper is depected on several of those?"

"Yes." - Peters.

(Cooper is coming and going on his motorcycle.)

The area to wash the motorcycles is on the outside of Sunsports.

"At some point did you ask Mr. Cooper a question?"

"Yes, I asked him if he did it, he said no." - Peters.

"Do you see the individual in the courtroom that you saw scrubbing his jacket that day?"

"Yes."

Cross examination.

"Mr. Peters, Fred was a good worker?"

"Yes."

"A hard worker."

"Yes," - Peters.

Defense Attorney Ken Garber is pointing out that Cooper cleaned his jacket out in the open, that he was trying to hide that he was cleaning his jacket. Garber also pointed out Cooper threw the lining of his jacket on top of the trash can, he didn't try to bury it.

Peters says it's not unusual for a motorcycle technician to get marks or scratches on the forearms.

(Remember - LSCO took pictures of Fred Cooper after the murders, Cooper had scratches on his arms, and a swollen knuckle - Michelle Andrews was beaten and suffocated).

"Did you ever see any unusual injuries on Mr. Cooper?" - Garber.

"No." - Peters.

In the re-direct, Kunasek asked Peters how long Sunsports was open Christmas Eve. Peters says only part of the day.

Cooper told his former girlfriend at the time he got off early on the 27th because he worked extra on Christmas Eve.


10/08/2008 9:15AM
Rosemary Jassoy, Senior Crime Laboratory Analyst for FDLE.
She does distance determination as well as firearm identification.

The State has submitted into evidence the bullet found on the bed where Steven Andrews was shot.

"Were you able to determine the caliber of this gun?"

"It's diameter are consistent with a 38 caliber bullet."

"It's not consistent from being fired from a revolver." - Jassoy.

Three weapons were submitted in this case.

Jassoy says she did not match any of the firearms submitted to the bullet that killed Steven Andrews.

Jassoy says she can not rule out that it was fired from a revolver, although she says it is remotely possible. She says it is also possible it could have been from a deringer.


10/08/2008 9:00AM
WINK News Reporter Holly Wagner's courtroom blog:

Deborah Lightfoot, she works for the Florida Department of Law Enforcement in Daytona Beach.

Her specialty is gunshot residue analysis.

"No gunshot residue particles were found ( on Michelle Andrews)."

Lightfoot says a trace amount was found on Steven Andrews.

"If someone was a target of a firearm you would find residue?" - Prosecution.

"About 85% of the time we find residue on gunshot victims."

Lightfoot says this would be consistent to Mr. Andrews being shot 18 inches or three feet away.

Trace amounts of gunshot residue were found on Mr. Andrews right hand.

Lightfoot says there can be hundreds of particles when a gun fires. The particles are so small they can't be seen.


10/07/2008 4:00PM
WINK News Reporter Holly Wagner's courtroom blog:
FORT MYERS, FL

Manager of Village Walk Community in Bonita Springs, Melissa Wood.
Kellie Ballew and Fred Cooper lived there at the time of the murders.
She's responsible for bar codes.

4:32pm
Court recesses for the day. Will continue at 9am Wednesday.

4:20 update

She IDs Cooper's bar code and testifies there were two occasions when that bar code entered the community on the day of the murders, at 3:01am and at 3:38 pm. Under defense cross-examination, says she was not working there at the time of the murders in December 2005. Later says she has no reason, though, to question validity of bar code documents.

We keep track what bar codes belong to what person." - Wood.

10/07/2008 3:30PM
Ed Lawson, is employed in the access control system. He installs security systems. He's been in this field for more than 20 years.

In December of 2005, he was working for International Security Systems.

"I was the manager of the west coast office in Bonita Springs."

Lawson installed the gate code system at the community where Kellie Ballew and Fred Cooper lived in December of 2005.

He installed bar codes that tracked residents entering. Lawson says there's also video at the guard gate.

"It was a software system that kept track of the residents that lived there, and the visitors and monitored the bar codes to specific residents."

"The system keeps a record of the bar code activity."

"The bar code system works very well and it doesn't make mistakes."

Lawson says they can go back and search the activity log to find records.

The State submitted a bar code decal into evidence, one that is read by the system in the community Cooper and Ballew used to live in.

Lawson says his company assisted the Lee County Sheriff's Office with getting bar codes for this investigation.






10/07/2008 2:30PM
William Kalstrom, employee of the Lee County Sheriff's Office, Cold Case Homicide Unit.

Kalstrom was with the homicide unit the time of the Andrews murders.
He arrived on the crime scene after 8:00 a.m. on the 27th.

"Sgt. Walter Ryan," was the lead detective says Kalstrom.

"Did you go inside the residence?"

"The bottom floor." - Kalstrom.

"I did some neighborhood canvasses to see if anyone was home and what they know about the home in question."

Kalstrom says they did several canvasses over many days.

"Did you come into contact with some neighbors?"

"Yes." - Kalstrom.

"Were you assisting Walter Ryan?"

"Yes."

"I helped him interview Kellie Ballew."

Detective Ryan and Kalstrom then decided they wanted to speak with Fred Cooper.

"He became someone we wanted to talk with after speaking with Kellie."

"The content of Kellie's statement it became quite clear he was a person of interest."

"They were living together, Kellie was having an affair, and she tried to separate."

Kalstrom was looking for a motive.

"After speaking with Kellie Ballew did you think you had found someone who may have a motive?"

"Yes."

"Was she asked to contact Fred Cooper?"

"Yes." - Kalstrom.

"We wanted to talk to Fred, she was going to make that happen."

"Did you speak with Mr. Cooper and ask him to talk to you?"

"Yes. Sgt. Ryan and I did the interview."

"Did you or Det. Ryan arrest Cooper or put him in handcuffs?"

"No, Mr. Cooper came down on his own."

Mr. Cooper was being recordered at the time.

Kalstrom says Mr. Cooper was not under the influence of alcohol or drugs. He says Cooper's statement lasted an hour and a half.

After the statement the detectives followed them home and took a look at their home.

"We were going to do a search," - Kalstrom.

He says both Kellie and Fred agreed to the search.

"A brief search, we took some photographs."

Kalstrom says they were looking for a camouflage jacket and a gun.

They didn't find it on that day Kalstrom says, they were there about an hour and a half.

Kalstrom says they took pictures of Cooper's forearms, there were scratches and his knuckle was swollen.

Kalstrom's next assignment on the case was to find out about gate codes at Cooper's and Ballew's place of residence.

The detective says the residents are assigned special passes that are put on the vehicles and it records times of entrance and exit.

On the 29th Kalstrom went back to the home for a more thorough search.

"What were you looking for in this second search?"

"Clothing that might have been relevant, the jacket."

Kalstrom took DNA Swab from Kellie Ballew that day along with emails she handed over.

"Did Mr. Cooper indicate specifically what he was doing between 10:30 and midnight the night of the 26th?"

"Yes he said he was tinkering with his motorcycle."

"He said he thought a neighbor that lived next door may have seen him."

Kalstrom followed up on the 29th when they were at Cooper and Ballew's home for the second search. Kalstrom says he couldn't find anybody who could back up Cooper's claim.

Kalstrom stopped by Cooper's work on the 30th, Sunsports to pick up some items.

The State had Kalstrom opened a bag of evidence which contained brake cleaner he picked up from Cooper's employer on the 30th.

Cross examination.

"You mention some scratches and a swollen knuckle?"

"Didn't he say he got those at work, he's a motorcycle mechanic."

"Yes." - Kalstrom.

"Did Mr. Cooper interfere with your search ( of his home )?"

"No." - Kalstrom.

"Did you collect anything?"

"Backpack." - Kalstrom.

"I didn't find anything in it."



10/07/2008 1:30PM

Next up, Sheri Dunaske, (Roan) employee of the Lee County Sheriff's Office. She is a Crime Scene Technician, and she worked the scene on the day of the 27th. Dunaske helped process the victims bodies, specifically getting the fingerprints.

"We noticed a few ridge details on Mrs. Andrews neck." - Dunaske.
(noticed some kind of print on Michelle's neck)

"On the second day I returned to the scene," - Dunaske.

She made a sketch of the residence, upstairs and downstairs, did latent print process (looked for fingerprints).

"I was asked to respond to a residence on Geneva Way in Bonita Springs." This was on the 29th at Fred Cooper's residence with Kellie Ballew.

"I photographed the residence inside and out, items of interest. We were also looking for items that might connect this residence to the crime scene."

"Once all of the photographs are completed we perform a more thorough search, in air vents, closets, laundry room, every little closet, nook and cranny."

"I personally collected a black t-shirt, wrangler jeans, and black adidas tennis shoes."

Dunaske says they also collected a DNA swab from Kellie Ballew along with email correspondence between Kellie and Steven Andrews.

"The following Thursday, January 5th, I was requested to respond to LCSO impound facility. Mr. Cooper's motorcycle had been transported there."

Dunaske performed a search warrant on Fred Cooper's yellow motorcycle. She took into evidence Cooper's helmet and motorcycle gloves.

"I photographed the motorcycle and items that were taken into evidence."

"I removed the handle bars, the foot pegs, the rear-passenger seat, the helmet the gloves, a small stain on the side of the gas tank."

She sent those items out for testing.

"To my knowledge the body of the motorcycle was retained at the impound lot."

Dunaske says during their search of Fred Cooper and Kellie Ballew's home they took a backpack into evidence.




10/07/2008 11:30AM
Collin Baird who was with Charles (Ryan) McCurdy and Ben Potter the night of the 26th.

Baird says his friends and he ended up at Ben's house the night of the 26th. Baird lives in Gateway and says he had to walk home.

Baird says he left with Ben and Ryan around 10:30 - 10:45.

"I was coming out his front door, he was in the road in front of us."

"He was walking."

"I could tell you he was a white male, around 6 feet tall, very short hair."

"Not overweight, athletic."

"I was fifteen yards from him."

"There was a streetlight on that street, it's not a great light, but it was lit."


"He was putting a hood up."

"Could you see what type of jacket it was?" - Kunasek.

"Yes, it was camouflage jacket," says Baird.

Baird looked at camouflage jacket in evidence and told the jury it looked like the one he saw the night of the 26th.

"Do you see the man you saw that night in the courtroom?" - Kunasek.

"The man I saw had characteristics of the man sitting over there."


Charles Ryan McCurdy, 18, he lives off of McGregor.
He is a friend of Ben Potter, who was walking with Potter the night of the 26th when they spotted a man in the Gateway neighborhood.

"Do you remember what you did?" - Kunasek.

"We were hanging out at his house, watching movies." - McCurdy.

McCurdy says one of their friends had to go back home that night. He says they walked Collin home sometime between 10:30 and 11:00.

"As you were walking out, did you come into contact with anyone?"

"Yes, a man."

"He was about 6 foot, white male, wearing a camou hooded jacket with a backpack."

"Where was he when you first saw him?"

"Where the gate was, I only saw him for about a second."

'He had a shaved head, I saw him from the side so I didn't get a good look at his face." - McCurdy.

"He was walking toward the neighborhood."

Attorney Anthony Kunasek is asking McCurdy to put gloves on and identify a piece of evidence - the camou jacket.

"Did you observe the pattern of the camouflage jacket?"

"It had leaves on it."

"Do you recognize the pattern?"

"Yes, sir."

"Is it the same pattern you saw on the man you saw walking in your community?"

"Yes, sir." - McCurdy.

"Did you proceed up the street toward Gateway Boulevard?"

"Yes."

"On your way back did you come into contact with anyone?"

"No."

"The next morning I woke up at 7:30 saw a lot of things happening in his house so I went back to bed until 9:30."

McCurdy says he met with law enforcement a few months later.

McCurdy says there is nothing inconsistent with Mr. Cooper's build and or height from the man he saw that night.

"He looked about the same height, the same weight."

Cross examination.

"The man you saw at the gate, that was the only time you saw him?"

"Yes sir."

"Did the backpack have thicker straps?"

"Yes." - McCurdy.


10/07/2008 10:19AM
FORT MYERS, FL

Ben Potter, 18, lives in Gateway near where the Andrews lived. His family has lived there for 12 years.

"Were you hanging out with friends (December 26th?"

"Yes." - Potter.

Potter says he was hanging out with two of his friends.

"We went to a movie that evening, I don't remember what we did during the day."

They ended up back at Potter's house. His friend planned to stay all night. Potter says one of his friends decided to leave around 11 o'clock that night. Potter says they walked him home.

"How did you get out of the house?"

"Front door." - Potter.

"When you came out the front door, did you see anybody?"

"Yes, in front of my house in the road."

"He was walking (toward the Andrews home)."

Potter says he was seven or eight feet away from the person. His friends were following him.

"Describe the individual you saw." - Kunasek.

"He had a build of that man, a camouflage jacket, like a hunter would wear, shaved head."

"He looked at me, put his hood up, and continued to walk."

"Could you tell what kind of pants he had on?"

"No, dark." - Potter.

"He did have a little hair on his chin."

"I made eye contact, when I got in the road, I glanced back cause I'd never seen him before."

Potter says the man was still walking toward the Andrews home.

"He was wearing a backpack."

"You had never seen this individual?"

"No." - Potter.

"When you were walking through the gate toward Gateway Boulevard did you see anybody else?"

"Yes, I saw a woman walking her dogs."

"On your way back to your home did you see anything or hear anything?"

"No." - Potter.

"I was woken up around 7, my mom told me there had been a murder."

"Did you let them know what you saw the night before?" - Kunasek.

"Yes."

"Were you shown any photographs?"

"Yes." - Potter.

"Were you able to pick anybody out?" - Kunasek.

"No."

"Was the person that you saw in the roadway, the night of the 26th was he about your size?"

"Taller."

"Is there anything about him that's inconsistent with the height and build of the person you saw that night?"

"No." - Potter.

Cross examination -

"You didn't really get a good look at his face?" - Garber.

"No."

"You weren't really paying close attention to the person?"

"Yes I was." - Potter.

His statement contradicts what he said to detectives, Potter told them he didn't pay close attention to the man.

"The detective who showed you the photographs was the same detective who took your statement?"

"Yes," - Potter.





10/07/2008 9:30AM
FORT MYERS, FL

The State calls Whitney Tinsley to the stand. Tinsley lives in the Caribbean but also has a home in Cypress Pointe the community where the Andrews lived. She's had that home for 18 years.

She has three children.

"Was this a guarded gate house?"

"No. You have to have a key code, or a gate clicker." - Tinsley.

"Are there areas where pedestrians can walk through?"

"Yes, walkways on both sides." - Tinsley.

"How well do you know the Potter family?"

"Well."

"Did you know the Andrews?" - Attorney Kunasek.

"No." - Tinsley.

On the night of the 26th, Tinsley says she walked down to their neighbors house, they stayed until around 11 o'clock.

"After getting home what did you do?"

Tinsley says her son was going to spend the night at the neighbors, so they got their son ready and took the dogs out for a walk.

"Take us through the area where you walked."

"I would always walk out the front door, over to the side of the street where the empty field is located."

"What was the temperature?"

"It was chilly that evening." - Tinsley.

"Were there any lights?"

"Yes." - Tinsley.

"Did you come into contact with anyone?"

"As I was walking my dog, as we walked that way, she somewhat hesitated, she didn't want to go into the field. The next thing I know I can see a gentlemen coming from the middle of the field (walking toward your). He never hesitated."

"Average size gentlement medium build, medium height."

Tinsley says they came within six or nine feet of each other.

"Did he look over at you?"

"Yes he did." - Tinsley.

"His eyes....were very noticeable."

"Were you scared?"

"No, people have a lot of guests during Christmas time."

"Had you ever seen this person walking past you?" - Kunasek.

"No."

"What age was this person?" - Kunasek.

"Early 30's."

"He did have a jacket on. It was a camouflage jacket."

"Did he continue to go toward your community?"

"Yes went throught the in - gate, used the walkway."

Tinsley says she lost sight of him after that.

"Did you hear or see something shortly after that?" - Kunasek.

"I heard three neighborhood boys walking nearby."

Tinsley says she recognized one her neighbors' children Ben Potter.

"While you were watching them, did you see anybody else?"

"Yes, I saw the same (man) walking. ( in another area)" - Tinsley.

"The next morning were you made aware that something had happened?"

"Yes, the dogs needed to go out. You could see all of the cars at the Andrews house."

Tinsley says detectives showed her a photo lineup of possible suspects, she was unable to pick a person out.

Cross examination -

"Did you find it unusual that someone was coming in at that time of night?"

"No but usually people say hello if they are visiting someone." - Tinsley.

"Did you see any vehicles associated with this man?"

"No."

"Did you see any backpack?" - Defense

"No, I did not." - Tinsley.

"You said this individual walked in the pedestrian section, did he take a right or a left?"

"I didn't see," - Tinsley.

Tinsley says the person had some kind of hood around his neck, and he wasn't carrying anything at the time. Tinsley says the man came from the area by the church.

"You were unable to make an ID out of any of the photographs?"

"No I did not."

I


10/06/2008 4:10PM
WINK News Reporter Holly Wagner's courtroom blog:
FORT MYERS, FL
Steven's father, Russell Andrews is on the stand.

Mr. Andrews is telling the jury about how Steven met Michelle in college in North Dakota.

"They're sophomore or early junior year. They met on the first day of school."

"While they were dating did you meet her parents?"

"They were from another suburb of Minneapolis." - Andrews.

Russell Andrews says they got married in June of 2000 in a suburb of Minneapolis.

Lukasz was born in October of 2003. The couple's child was born in Minnesota.

"Were Steven and Michelle both working?"

"Michelle was working, Steve was going to graduate school studying landscape architecture, Michelle was a nutritionist."

"At the time they lived two to three miles away from us."

Andrews says the couple moved to Bonita Springs initially. Michelle worked at a nursing home in Fort Myers.

"They bought that home in mid-November of 2004 (in Gateway)."

Attorney Kunasek is asking Russell Andrews about the Toyota Fourrunner in the driveway. He says the vehicle is a stick shift.

"Michelle didn't drive a stick shift."

(Cooper claims he had sex with Michelle in one of the couple's cars the night of the murders).

The Andrews arrived the week of the murders to spend Christmas with Steven, Michelle and Lukasz.

The Andrews stayed at a hotel near the airport. The Andrews had no plans of renting a car. Steven was going to shuttle them around.

"It was a short trip, we were going to go home the 28th, Wednesday."

Russell Andrews says there were a lot of decorations when they arrived, Christmas decorations.

"11 or 11:30 is when we left, Steve drove us back to the hotel."

"Steve was going to pick us up at 8 in the morning, the 26th."

"He picked us up with bagels, we went back to the house and breakfast with everybody."

"What did you decide to do after breakfast." - Kunasek.

"Michelle went out jogging, and Barb said she wanted to take Luke for a walk."

After dinner on the night of the murders, Russell Andrews says everything was normal.

On December 26, Steve's parents left around 8:30 p.m. He took them back to the hotel. Luke and Michelle stayed home to get Luke ready for bed.

"Did you make any plans for the following morning," the prosecutor asked.

"We had asked (Steve) if we could go see one of his work projects," said Russell Andrews.

"Steve said he was going to go down to the office that night so the following morning we wouldn't have to go pick it up. So the following morning he was going to pick us up at 7:45 a.m." said Andrews.

"Did you hear from him after he dropped you off at the hotel the night of the 26th," asked the prosecutor.

"No, that was the last time we saw him," replied Russell Andrews.

The next morning, Steve's parents say they waited at the hotel for him. When it started getting late, they started calling him. At one point they got a busy signal, and then they got an answering machine.

"At some point, Barb said maybe Steve made a mistake and meant 8:45 a.m." Andrews testified.

"The Lee County Sheriff person came (to the hotel). A car pulled up and asked if we were the Andrews family. I identified myself. He said please come with me, I have to take you down to the police station," said Andrews.

"We were quite upset when we realized we weren't going to the hospital. We kept asking what happened, what happened?"

"About half way there the deputy said the little boy is okay."

Russell Andrews says he met with a detective at the sheriff's office. That's when they were reuinited with their grandson Luke. The detective told the Andrews that Michelle and Steven were dead.

"We were in absolute shock," the victim's Father testified.

Andrews broke down on the stand, wiping away tears as he talked about the moments after he found out his son and daughter-in-law were dead.

10/06/2008 3:50PM
Thomas Theunis is on the stand. He worked at the 7-11 in Gateway in December of 2005.

Theunis is testifying about the video cameras a the gas station. He says there were two outside video cameras angled at the gas pumps.

Theunis pulled video tape for investigators the night of the 26th.

Prosecutor Antony Kunasek is submitting a photograph of what detectives hae identified as Fred Cooper on his motorcycle at the 7-11 gas station in Gateway.

Kunasek is showing the jury surveillance video from the 7-11 the night of the 26th, the time on the photo shows 10:31.

10/06/2008 1:30PM
Kellie Ballew takes the stand in the double murder trial of Fred Cooper (her former boyfriend).
She was having a relationship with Steven Andrews the time of the murders.

Kelie Ballew just pointed out Fred Cooper in court in response to a question by the prosecution.

"How long were you with Mr. Cooper?"

"Six and a half years." - Ballew.

"Did there come and time when your relationship was coming to an end?"

"Yes it was my choice." - Ballew.

"Not being respectful, I got fed up."

"You chose to terminate the relationship did he still live with you?"

"Yes, I asked him to sleep on the couch, it was the holidays."

Ballew says he was going to move out after the first of the year.

"Did you have a physical relationship with him after you terminated the relationship?"

"No." - Ballew.

"Was there another romantic relationship?"

"Yes, Steven Andrews.

I worked with him at Outside Production." - Ballew.

"I was an office and accounting manager."

"We became friends when we started working their in July of 05, we had a lot of common interest. Friendship turned into one thing then another."

"You knew he was married?" - prosecution.

"Yes."

"Was it a habit to talk about your relationships?"

"Yes."

"How did you meet his wife?"

"She would come to the office once in a while." - Ballew.

Prosecution is showing Kellie a photo of the Andrews together.

"We had a summer outing, we went to a hotel on Sanibel, we also had a summer outing. "

"Did MR. Cooper accompany you?"

"Yes."

"Did he meet the Andrews?"

"Yes."

"Was this after you told him you wanted to end the relationship?"

"Right before. (referring to XMAs party).

"Were you getting along?"

"Not really."

"Did your relationship with Steven Andrews become a sexual relationship?"

"Yes December 20th."

"He wanted a divorce from Michelle and move into my home after Fred moved out."

"Was there a secret Santa event at your company?"

"I gave Steve a key chain that matched his car for his Secret Santa gift, she (Michelle) didn't like that."

"I contacted Steve from Orlando, I was trying to bring back belongings from a storage unit, I needed help.
It was Saturday evening, the 17th."

"You placed a call to him," - Prosecution.

"His work cell." - Ballew.

"Michelle (answered).

She asked why he was calling, she demanded to know why I was calling, she said it was about moving, she said he wouldn't be available, she got really nasty. I hung up on her. She called back wanted to know I went over the limit on the Secret Santa."

"As this relationship developed, how did you communicate?"

"text messaging, phone calls, emails."

"What computer did you use to email Andrews?"

"Work and home computer (it was set up in the bedroom)."

Fred used the computer too.

Prosecution is showing Kellie a photo of how her computer at home.

"Was one of your duties (as office manager) to prepare an employee contact sheet?"

"Yes."

"All employees of outside listed there?"

"Yes,"

"Did you have a copy of that at your home?"

"Yes, on my desk in front of the (computer) monitor."

"The desk you shared with Fred Cooper?" - PRosecution.

"Yes."

"Were Steven and MIchelle Andrews names on it?"

"Yes."

"I want to direct your attention to December 26th, 2005. Did you have any plans to get together?"

"When did you first hear from Steven."

"Early afternoon, he was down at the beach. HE told me he wanted to see me, and looked forward to seeing me Thursday, we had plans."

"did you hear from Steven later that day?"

"Yes, around 8:30 p.m."

"What were you doing?"

"I was taking a bath."

"He said he was heading to the office, he asked me to meet him for a while."

"Did you go to your office? What time did you get there."

"Yes, quarter to 9."

"Had you been with Fred Cooper that day?"

"yes."

"Did you have lunch?"

"yes. I asked him if he would be respectful if I got into another relationship."

'He said he would deal with it, he knew he'd done wrong and he knew he'd have to deal with it."

"When you went to meet Steven where was Fred Cooper?"

"At home on the computer." -Ballew.

"What car did Steven drive?"

"His Maurader."

"Did you have sexual intercourse that evening?"

"Yes, I did." - Ballew.

"How long were you at Outside Productions?"

"Maybe an hour."

"Why did he leave?" - prosecution.

"Michelle called, she wondered why he wasn't home yet."

"Do you recall what he was wearing?"

"JEans and a t-shirt, boxers and flipflops."

Ballew says Steven called on her way home, told her to have a good night.

"When you got home was Fred Cooper still there?" - prosecution.

"Yes he was on the computer."

Ballew says her daughter Carlie was there too with Fred and his mother.

"I told him I was tired and wanted to go to bed and asked him to tuck Carlie in."

Ballew says Carlie's cousin was there too. She went to bed around 10 pm the night of the 26th.

"did there come a time shortly after that, Fred had left the house?"

"I heard the girls wrestling around, I discovered he was gone."

"When Ashley went downstairs, he wasn't there, I asked her to check the garage that he might be working on his motorcycle, she said he wasn't there."

"I turned the computer back on, I emailed him ( steven)."

Prosecution asked Kellie to describe motorcycle.
"It's a Suzuki, yellow and black."

Now he's showing her a picture.

"Yes that's Fred's motorcycle."

Ballew said she drove a Nissan Xterra. Nissan remained in the garage the night of the 26th.

"When Fred rode the motorcycle did he wear a helmet?"

"yes he did." - Ballew.

Prosecution is showing Ballew a helmet, she identifies it as Fred's.

"Did he also wear gloves?"

Prosecution shows her gloves.
"How many sets of gloves did he have?"

"A couple." - Ballew.

"I noticed them after everything happened."

"HAd you ever seen these gloves prior to December 26th?"

"Not to my knowledge."

She called Fred the night of the 26th after she realized he left.

"I asked him why he left, he said he needed to clear his mind."

"Did you see Fred later that night?"

Ballew says she heard her door handle around 4 a.m. but then didn't see Fred until a couple of hours later. "I was in bed, I woke up to him coming in the room, I knew it was him, I could see him." - this was in the morning.

Ballew says she didn't talk to him.

"Did Fred have a sticker on his motorcycle? ( to allow automatic entry into their community)

"yes." - Ballew.

"The emails you had back and forth with Steven did you find out you had read all of them."

Ballew says she hadn't read all of them...the last one sent from Steven was around "I believe it was 11:15, 11:30."

The prosecution has handed Ballew emails she turned into the sheriff's office after the murders. The emails are from her exchanges with Steven.

"AFter those emails did you ever hear from Steven again?"

"No I did not." - Ballew.

"What were the subject of your text messages?"

"The time we spent together, our relationships, mine with Fred his with Michelle, work, a song I wanted him to listen to." - Ballew.

"Did you express your emotions in those text messages/emails
"yes." - Ballew.

"On the 27th, you saw Mr. Cooper come in, he had to go to work?"

"Yes. I was going to work out, then I had plans with Claudia (friend)."

"Had you told Claudia about your relationship with Steven Andrews?"

"Yes, and my mom."

Ballew went back home to Riverwalk to meet her brother to unpack around 2 in the afternoon.

"How long were you at your apartment?"

"A half an hour."

"What did you do after?"

"We unloaded everything."

"Did you see Fred Cooper?"

"Yes, around 3:30."

"Did you find this unusual?"

"Yes," Ballew said because he never came home from work early.

Ballew says Cooper was wearing jeans, and a motorcycle jacket.

"IT's a camouflage jacket, pockets on the inside, hooded, lining." - Ballew says he wearing that on the 27th.

Ballew is now putting on gloves to look at a piece of evidence, Fred's camou jacket.


"There's no lining in it and there's bunch of writing all over it."

She is now looking at the lining from the jacket.

"Did Fred have a backpack?"

"Yes."

"And a helmet bag?"

"Did you ever see the helmet bag again after the 27th?"

"No."

"I asked him why he was home early, he said because he worked Christmas Eve."

Ballew says she left to go to her friend Claudia's. Ballew received a phone call from Cooper around 3:40.

"You remember the conversation?"

"He told me he had bad news, and told me I needed to come home."

Ballew thought something happened to her daughter.

"I kept questioning him, he wouldn't tell me."

"He said he was watching the news, he saw Steven and Michelle had been murdered in their home."

"I started shaking, told him he was lieing and hung up."

"I called my boss."

BAllew wanted to let her boss know what she was told. He called the sheriff's office and spoke with the lead detective and called me back.

Ballew called the sheriff's office and Fred back.

"I asked Fred where he was last night, if he was in Gateway...he said no."

Ballew says she told the sheriff's office about her relationship with Steven Andrews and Fred Cooper.

"Did you consider him (Fred) a suspect?"

"I didn't want too."

Ballew called Fred for investigators and told him she needed an alibi and asked him to come to the sheriff's office.

Ballew and Cooper went back to their home that evening. Detectives followed.

During the month of December of 2005, did you ever see Fred with a firearm?" - prosecution.

"yes. I was asleep, I felt a presence, it was him standing over me."

"I asked him what he was doing, he was crying said he couldn't live without me, I asked that he go back and lay back down. An hour later I felt the same thing, I looked at the door, He was peakin his head around watching me, I told him he was creeping me out, he left and apologized."

"He busted in the room ten minutes later and got a gun out of th closet, ran downtstairs to get bullets."

"had you ever seen him in possession with a gun before it?"

"Yes, a few years earlier."

"I picked up my phone called him, he felt like he was losing his mind, and if he was going to do something to himself he needed to think about Carlie."

"After that night and the incident with the gun, did you express concern about the gun?"

"i asked him to get rid of it, he said he threw it into Wiggins pass."

"I didn't know if he was telling the truth."

"Were you concerned about what would happen with a gun in the house?"

"Yes, I had a small child in the house."

The night of the 26th, Kellie told the jury she told Fred she was going to her friend's house instead of going to see Steven because Fred seemed emotionally unstable.

"Several weeks later did you become aware he was arrested for murder?"

"Yes."

Ballew says she received a phone call from Cooper after he was arrested."

"He told me they said he had DNA evidence with his DNA, and said he thought they had it because he met Michelle at the 7-11 and had sex with her in her car."

"He said he left went for a ride and had relations with her in her car."

"He wrote me a letter and told me that he did not have sex with her in her car." - Ballew says this happened later.

"They asked me to go in a room and look at his hands and arms and see if I noticed anything wrong ( the night of the 27th at the sheriff's office)."

"They were swollen, his right arm had a scratch on it." - Ballew.

The prosecution is now showing Kellie a photo taken the week of the murders. The show Fred holding his arms out, and his hands.

Ballew says the scratch on his arm looked like a fingernail scratch.

She says she never saw a long sleeve brown shirt and Fred's helmet bag again after the night of the 26th.

"Something unusual happened to the computer the night of the 28th?"

"Fred was on the computer and said there was something he wanted me to listen to. He was looking for a song for me to listen to, Hold on To the Night by Richard Marx."

"I stopped and asked him why?"

"I had sent that song and artist in a text message to Steven the week before."

Ballew attempted to give the sheriff's office her text messages but they had been erased.

Ballew is being cross-examined by Cooper's Attorney Ken Garber.

"To delete text message you have to have a code don't you?"

"No you don't need that."

"What about the computer?" - Garber.

"Yes you need a code."

"Didn't detectives ask you to go into the room at the sheriff's office and ask Fred where he got the scratchs from?" (referring to the day of the 27th.

"Yes," Ballew told Garber, Cooper said he got them from work.

"This was the same gun you saw him with three years ago?"

"Yes."

"Did you friend Claudia think it was wrong you had a relationship with Steven?"

"She never told me she disapproved of it."

"You weren't concerned they thought you were a suspect were you?"

"No." - Ballew.

"They (detectives) told you to call (Fred) and say you needed an alibi?"

"Yes."

"Wasn't it pretty clear they wanted to question him (Fred)?"

"Yes."

"Do you recall him saying he was on his way?"

"Yes." - Ballew.