A black-and-white Food Lion video surveillance tape recorded Kathy Miller passing forged
checks from her fathers account in the days before his murder.Miller is on trial for murder in Rowan County Superior
Court, accused of shooting her father, Leon Wilson Jr., six times at his Proctor Drive
home.
On three separate occasions at Food Lion, Kathy
Miller passed checks for $89.81, $115.73 and $109.11 from her fathers account, Leigh
Ann Stubbs, check recovery clerk for Food Lion, testified Tuesday.
The jurors stood crowded together to view the
videotape of transactions done on Oct. 17, 18 and 19, 1998. She passed all three checks at
Food Lion No. 1 on Mahaley Avenue.
District Attorney Bill Kenerly called other
business and banking officials to testify that Kathy Miller stole and forged checks from
her fathers account while Wilson spent the weekend in Daytona, Fla., at NASCAR
races.
With the testimony, a more definitive picture
emerged of Leon Wilsons last day alive, Oct. 21, 1998.
Lisa Painter, a teller at F&M Bank on
Statesville Boulevard, said Leon Wilson was a regular customer. Though Wilson usually used
the drive-through, Painter said, he came into the office on Oct. 21, 1998, with a problem.
He said that he had been out of town on a
trip
and he called our 24-hour checking account information
and there had been
some discrepancies, Painter said.
Surveillance photos showed Wilson at the bank at
9:12 a.m. to discuss his account. Wilson wanted to put a stop payment on five checks that
were posted Oct. 20, 1998, but Wilsons only options were either pay for the
checks to make those checks good or sign an affidavit that those checks were
forged.
And that meant pressing charges against the person
who forged them.
He returned to the bank at 11:01, according to
surveillance photos, to compare a note Kathy Miller left him to the signature on the
forged checks.
You read the signature on that and see if
you think its the same, Leon Wilson told Bonnie Barrow, branch office manager.
When she called Leon Wilson to tell him she had
gotten copies of the checks, Wilson asked to whom they were made payable. The first
was Kathy Miller. Do you know a Kathy Miller? Barrow asked Wilson.
Thats my daughter, Wilson said,
according to Barrows testimony.
He was just kind of in disbelief
He
said he gave her money in the past when they were going to sell their home to get them
through, and they were going to pay him back and they never did, Barrow testified.
He could not afford to pay the checks.
So Leon Wilson had to sign affidavits of forged
instruments for five checks two written to Kathy Miller for a total of $1,500.
Barrow said she asked Wilson if he was going to
confront his daughter again about the checks.
At the time, Kathy Miller worked at North Hills
Christian School as an assistant computer teacher.
If she (Kathy Wilson) would have just asked
him for money, (he said that) he would have gave her some, Painter testified.
He showed concern and wanted to know what was going to happen to her (Miller)
He seemed very disappointed, I guess like he was between a rock and a hard place.
Witnesses also testified that Kathy Miller wrote
other checks on her fathers account, including:
- A $9.54 check to Dollar Tree. The cashier wrote a
birthdate of Feb. 7, 1965, on the check to verify who was writing it. Leon Wilson was born
on Feb. 13, 1940.
- A $133.11 check to Kmart on Oct. 19, 1998. The
cashier wrote a drivers license number on the front of the check to validate who was
passing the check. That number was different from Leon Wilsons license number,
printed on the check.
When Karen Owen, customer service representative
at First Citizens Bank, pulled up Millers account on Oct. 22, 1998, she saw a
balance of $1,400. Since the checks in question totaled $1,500, the bank froze
Millers account.
Ironically, as Karen Owen and another bank
official were discussing the problems with the Miller account, Kathy Miller pulled up to
the drive-through window and requested a blank, counter check because she locked her purse
and checkbook in her trunk.
Teller Jane Hunsucker testified that Miller, whom
she recognized as a regular customer, filled out the counter check for $100, but Hunsucker
overheard Owen talking about the account and asked Owen about the problem.
Hunsucker then told Miller she couldnt cash
the check. She asked why I couldnt, and I told her there was a hold being
placed on her account, Hunsucker said.
Later that afternoon, Kenneth Miller called Karen
Owen at First Citizens Bank and asked about the account. Owen said Kenneth Miller was
concerned about not being able to access his paycheck which was directly deposited that
day.
I dont understand. What are you
saying? Kenneth Miller asked Owen.
She proceeded to explain that two checks in a
$1,603.16 deposit were being returned because of the forgery complaint.
What type of checks? Whose check is
it? Kenneth Miller asked her. She told him that a Mr. Wilson wrote the checks.
Mr. Wilson? Leon Wilson? Leon Wilson in Salisbury? Theres a problem
here, Owen said Kenneth Miller told her.
Owen also testified that in two years, the Millers
had 133 checks returned for insufficient funds. The bank charged the Miller $3,180 in
bad-check fees. In the same two years, 1997 and 1998, the Millers stopped payment on 12
checks costing $235.
Though the prosecution is building a case of a
financial dispute between Miller and her father, defense attorney James Davis pointed out,
There seemed to be a little bit of money there all the time in the
Millers account.
In 1997 and 98, the balance ranged from a
high of $3,695.42 to a point where it was overdrawn by $12.78, Davis said.
He asked Owen how many months in the past two
years the Millers had more than six checks returned on their account. She read:
March 1997, 6; June 1997, 7; July 1997, 10; August 1997, 6; September 1997, 12; October
1997, 3; November 1997, 6; and December 1997, 15.
Just from Oct. 2 to Oct 23, 1998, when the Miller
account was frozen, the bank received six checks with insufficient funds.