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< part 6
Monday, April 10, 2006
8 bio >
Monday, April 10, 2006
April 2006
Monday, April 10, 2006
7:19:00 PM EDT
Feeling Angry

7 bio


All she ever said was they had a relationship in The past..she never said she was still involved with the defendant, and as for the past relationship? Kim was the girl frank left sherry for! She knew all about sherry, the one thing the cops never knew was frank NEVER lied to his girlfriends about who he was with or when. In fact this was a problem with a lot of them cause if they ever asked him about other girls, he was always honest with them! KIM knew of every single woman he was with ! They also went on to name " Tina" and "luann" off the bat the defendant has no clue who this "Tina" is. She never shows up in ANY police report, discovery, or in trial! As for Luann, once again Kim knows her, and knows of the relationship between her and Harris IN THE PAST! In fact before Kim and Harris moved from Stevens and started a life with just them being with each other, luann had long ago moved to florida! If Mr. Harris was still having sex with her he would have to have an awful long penis to reach all the way to down to florida! And as far as the "jersey girls" once again NO ONE shows up in ANY police report, discovery or trial to say any of that was true. In short they used names Kim would know, and some she would not, to give her the impression that there was something going on! They had the ability to PROVE it any time they wanted to since the called two of the women to testify, but after they questioned Gina and she did not say what they wanted her to, they made sure they would not ask sherry henry the same thing. And since luann was in florida there was no reason to call her. The mystery women "Tina" was never called, nor was any of the " jersey girls", although they did subpoena a girl from his past named Darlene Castner, but after they interviewed her she would never see the inside of a courtroom!) He goes on ...A; when I entered the room I saw no signs of her being agitated, upset at all. As I was going through these names and giving her this information, I could see tears starting to well up in her eyes. Her nose started to run. She had access to tissues that were on the table and she grabbed some tissues. She started wiping her eyes. Her eyes then eventually started tearing. They got red. She started wiping her nose. She just continued to progressively get a little more emotional. (She was pregnant at this time!) Now if you go to the trial transcripts pg. 2968 you will see the first time Kim recants the events in her letter. A; No. This is all ..... this is all the story that I was making up to give him a way out. That’s what this is, THIS WHOLE LETTER! Q; continue on. A; (reading) and in the middle of all that, they set it up for me to have the kids come in and visit with me for one hour. When the .. Q; was that true? A; Yes that parts true. ( like defendant said earlier, what she needs to be true for HER is true what she needs to be a lie for to use against HARRIS is suddenly a lie.) She then goes on to read the description of how they were brought in and they cried and it upset her so much she could not read it so the attorney finished it. Q; I’ll read it. Correct me if I’m wrong if this is too difficult. (Reading) and slid away and held my sisters’s legs and hid her face. Karen picked her up and carried her out and she lifted her hand and said mommy I’ll never stop loving you and cried her little eyes out period. Is that correct? A; Yes. Then in the very next line she snaps bach with a lie. A; ( reading ) do you understand how that just crushed me? Broke my heart all over again. Then when they were gone, the DA just played on my emotions. Q; is that sentence true? A; No they stressed to me how important it is to tel the truth. That’s what they told me . (what they could not tell you to tell the truth without using your children as an emotional crowbar?) And then in the next line, A; (reading) I was hurting so bad. They took the opportunity to mess me all up again by saying, do you ever want to see those faces again? Q; Did they tell you that? A; Yeah, that part is true. Then further on down the line, Q; Now let stop you there. The bad things they were saying about Frank... A; Um-hum Q; Related to his supposed other girlfriends? A; that was some of it. Q; Okay. And you were...did you feel jealous when they were telling you this? A; No...I was hurt. Q; You felt hurt and upset? A; Yeah. Q; And betrayed? A; (no verbal response) Q; Correct? A; Yeah. Then further down, A; Basically, I was ready...like I told Mr. Steadman when he QUESTIONED ME ABOUT IT! With these letters I was ready, giving Frankie a way out of this. And I was.....I felt since I told them the truth, that I already convicted myself, basically. So I wanted somebody to be out there with our baby. ( this is the part where she decides that she will "help" Harris! If she told the "truth" like she said it was then the only person guilty of the murder was Harris, so why would she think she convicted herself?? They have been talking about giving her a deal and her lawyer has been telling her he will "walk her out of the courtroom" . A fact the DA could not wait to use against her in her own appeals! (see her P.C.R.A. transcripts No. 50 of 1997) Q; (by DA) did you believe she had a good chance at avoiding a conviction for third degree murder? A; (by Kims attorney) Well, I discussed with her at length the various theories of the commonwealths case, the conspiracy, possible accomplice liability, etc, etcetera. I indicated how that would play and how it could be argued both way, and I suggested to her that she certainly ..if she was believed, that she may not be found guilty of third degree murder or conspiracy to commit third degree murder. I indicated that to her, yes I did. Further down the line, Q; Did you tell her, and again, this is repeatedly a quote "I’ll walk you out of that courtroom" or words to that effect? A; No. Q; You don’t think you said that? A; No sir. Q; did you urge ms. Kistler to accept the offer from the commonwealth? A; I did not urge her to accept it, I did not urge her to reject it. I indicated to her what the offer was. I indicated to her what I thought could happen at trial and I left it up to her. I don’t typically urge clients to accept or reject pleas unless, in my opinion there is no possibility of a verdict which I deem to be satisfactory. And let me say, not to interrupt you, but let me say, ms. Kistler made it very clear to me on a number of occasions that she was not inclined to enter a guilty plea to anything where she was admitting to any type of a murder, even a conspiracy to commit murder, even third degree murder.



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