Judge okays photos for trial

Only 10 of 36 photographs taken of burning victim Mike Heaster, 50, of Berryville while being admitted and treated at Hillcrest Burn Center in Tulsa, Oka., were denied admissibility in the scheduled January murder trial of Cory Lynn Howerton, 25, for Heaster's death.

Following the hearing at mid-day Friday in Berryville, Prosecutor Tony Rogers expressed pleasure with the ruling.

Defense attorney Kent McLemore consistently argued that all 35 photos be excluded, calling them inflammatory, prejudicial, gruesome and running the risk of emotional distraction on the part of jurors.

Burn specialist Dr. Jimmy Donald Giddens, a director of the Burn Center at Hillcrest Medical Center, testified about each photo, using a Powerpoint projector and laser pointer.

The bulk of the photographs were taken after treatment had been initiated, and many showed the same area of Heaster's body.

Two particularly gruesome photos, showing where skin grafts had been removed to clean the wounds before reapplication of the grafts, and resulting in some bleeding, were excluded.

Another photo, made during treatment, showed an unhealthy burn near the right elbow, but otherwise showing the arm had made good progress, was not offered by Rogers.

The first eight photographs, all ruled admissible, showed the condition of Heaster's back, calves, buttocks, knees, shins, hands and wrists at the time of admission at Hillcrest.

The ninth photo, also admitted, was taken two days later, and showed Heaster's head and face while he was on a respirator and feeding tube.

The burns to his cheeks, nose and forehead would probably heal with good topical care, Giddens said.

Giddens stated that burns to the face are indicative of probable respiratory damage resulting from inhalation of toxic smoke and fumes.

Photos numbered 10 through 16, also found to be admissible, were taken on Aug. 4 and Aug. 10, 2003.

They included shots of Heaster's arms and fingers, and apparently deep burns above and below Heaster's knees.

Photo number 14 resembled a crazy quilt patchwork where skin grafts had been performed on his lower back.

To a layman's eyes, many of the shots would appear unsettling, despite Gidden's testimony that the photos showed progress in healing, in general.

Consulting with Rogers and McLemore, Circuit Judge Alan eliminated several photos which were redundant.

Heaster was apparently attacked, robbed and burned on Aug. 1, 2003. He died one month later.

After interviewing several people who saw Heaster or Howerton just prior to the incident, investigators had enough evidence to arrest Howerton in September.

Giddens performed five surgical procedures on Heaster, noting that other procedures were done by other doctors prior to Heaster's death.

The Berryville man, known for hitchhiking and as a musician, had burns over 45 percent of his body,

However, final cause of death was multiple organ failure involving his lungs, heart, kidney and liver.

Giddens said that toward the end of Heaster's life, the progression of death was "slow and spiraling."

In making the ruling that the photos are admissible, Epley said their being admitted at trial is conditioned by relevancy to the testimony as the trial is conducted.

McLemore argued that the photos do not establish a connection to the cause of death, and center more on the nature of treatment.

Even the photos taken prior to treatment showed that blisters had ruptured, possibly at the hands of other medical personnel prior to arrival at Hillcrest, the defense attorney noted.

Giddens had testified that the burns would have looked worse prior to any medical treatment.

Epley also ruled that a Powerpoint projection of the photos for the jury will not be permitted at trail, noting that he had a problem with photos that were "larger than life."

Instead, Rogers plans to show the digital photographs using a television monitor.

At the start of the hearing, Epley approved Tim Buckley to replace Cindy Baker as co-counsel for Howerton.

Baker was initially Howerton's attorney in an earlier case in which he is charged with residential burglary and felony fleeing, along with several misdemeanor charges, arising from a June 26, 2003, incident in which Howerton was reportedly pursued on Hailey Road and County Roads 601, 608 and 643, before he left his vehicle and fled on foot.

In other courtroom action:

On Thursday during criminal court in Berryville, Kaylynn Marie Russell, 19, of Green Forest, pled guilty to possession of drug paraphernalia, a Class C felony, and misdemeanor possession of a controlled substance (marijuana).

She was placed on three years of state-supervised probation, and ordered to pay $150 in court costs, $100 for the public defender, a $250 DNA detection fee, and $1,500 in county restitution,with $500 suspended.

She was arrested on June 16, 2003, along with Richard Charles Thomas, 26, Charles Grandville Hamilton Jr., 21, and Kelley Marie Brand, 39, all of Green Forest.

After a search warrant was executed on the Thomas home on County Road 922, several marijuana-related materials and plants, as well as materials used to manufacture methamphetamine, were found.

At the time, Thomas is reported to have told officers that Russell and Brand had no responsibility for the situation.

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Judge okays photos for trial

Only 10 of 36 photographs taken of burning victim Mike Heaster, 50, of Berryville while being admitted and treated at Hillcrest Burn Center in Tulsa, Oka., were denied admissibility in the scheduled January murder trial of Cory Lynn Howerton, 25, for Heaster's death.

Discovery brings bikers to town

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