A first-graders barrette may be the sole piece of evidence that provides Kathy
Miller an alibi.A number of people who work
at North Hills Christian School, where Miller taught computer classes, testified Wednesday
about Millers actions on Oct. 21, 1998.
And one thing Miller did not do, according to
first-grade teacher Faythe DiLoreto, was come to her classroom to return a students
barrette at the time she said she did.
The evening her fathers body was found,
Miller told State Bureau of Investigations Special Agent Todd Duke that during her
afternoon break from 12:45 p.m. to 1:25 p.m., she made copies, returned a students
barrette and talked to a secretary about a computer problem.
Defense attorney James Davis asked DiLoreto
several times, several different ways, if DiLoreto was positive the barrette was not on
the students desk at 3 p.m.
Davis continued badgering DiLoreto for a more
specific answer, but when District Attorney Bill Kenerly objected, Judge Thomas W. Seay
Jr. cut Davis off.
DiLoretos final answer was: There was
nothing on the desks when I left.
The student whom the barrette belonged to has not
been called to testify.
The prosecution is trying to prove that during
Kathy Millers break on Oct. 21, 1998, she drove to her fathers home and shot
Leon Wilson Jr. six times with a .357-magnum handgun.
Dr. Teddy Cruse, superintendent at North Hills
Christian School, said he saw Kathy Miller leaving her computer room on Oct. 21 five
or seven minutes after her 12:45 break began. He also said Miller was at the school
for her 1:25 p.m. class.
Otherwise, children would have said they
didnt have a teacher, and Cruses office is directly across the hall from
Millers classroom.
Martha Shoemaker, elementary secretary at
NorthHills, said she received the call from a man identifying himself as Leon Wilson. She
transferred the call to Kathy Miller because there was some urgency in his (Leon
Wilsons) voice, Shoemaker testified.
Shoemaker had difficulty remembering her previous
statement given in 1998 about Miller or the phone call from Wilson. She referred
repeatedly to her earlier statement to answer questions.
District Attorney Kenerly asked Shoemaker if she
sent Kenerly a card after Millers arrest pleading for the prosecutor to support a
bond allowing Millers release.
Yes, Shoemaker replied.
Louise Loflin, middle/high school secretary,
testified she gave two special-order shirts to Miller the afternoon of Oct. 21. One was
green and the other blue, both with the North Hills crest.
Miller told investigators she wore the blue polo
shirt to school on Oct. 21, and she voluntarily turned her outfit, including the shirt,
over to investigators for forensic testing.
But Loflin said Miller could not have worn either
of the two shirts to school on Oct. 21 because she received them that day.
Wilsons friend, Brenda Tortoreo, found his
body in his Proctor Drive home on Oct. 22. Special Agent Duke testified that faxed copies
of several checks were found next to his body. Among the checks, believed to be forged by
Miller, were two written out to her totaling $1,500.
Miller told Duke that her father wrote the two
checks to her on Oct. 15 so his account would show a zero balance when he sued business
partner Joe Allen Jr.
I said I didnt understand why he would
do that. She said she didnt understand it either. She said she was supposed to hold
that money for Leon Wilson, Duke testified.
Miller said her father got confused because
of his medication and that might explain the lost checkbook.
Miller also told Duke that she and her husband
didnt have any financial problems other than living week to week like most
people do.
During the interview, Duke noted that
Millers overriding concern during the interview was getting the gas cut on at
her house
She made a few calls from the Sheriffs Department
so we drove
back to her house so she could be there.
In other testimony, Barbara Fabian, who had worked
with Wilson at Frito-Lay and previously dated him for eight years, said Leon Wilson told
her Kathy Miller forged the checks.
He asked me please not to say anything to
anyone, that he did not want to slander Kathys name, Fabian said.
Wilson talked to her on the phone a few hours
before he was shot.
Fabian asked Wilson if he thought Kenneth Miller
was behind the forged checks. Lord no. If Kenneth knew about this, hed have a
fit, Wilson told Fabian.
He was very hurt very, very hurt. He
even made the remark to me, What did I do to deserve this? Fabian said.
Wilson was supposed to call Fabian back and
tell her what came about all this. She called his house multiple times on the
evening of Oct. 21 and all day Oct. 22.
Around 6:20 p.m. Oct. 22, Fabians phone rang
and her Caller ID showed the call coming from Wilsons home. I thought it was
him so I said, Its about time you called me back, but it was someone
from the Sheriffs Department telling me he was dead, Fabian testified.
Also on the stand Wednesday:
- Landis School Resource Officer K.B. Safrit, who was
a Rowan County Sheriffs deputy in October 1998, testified that he filed a report for
Leon Wilson about his stolen checks.
The charge listed on the incident report, taken at
11:43 a.m. Oct. 21, was misdemeanor larceny. The actual value of the book of checks
No. 2400 to No. 2425 was only $5.
Wilson listed Kathy Miller as the suspect. The
incident report also logged her address, phone number and date of birth, Feb. 7, 1965. The
same birthdate appeared on a forged check Kathy Miller allegedly wrote at a Food Lion
store.
When Safrit asked if he could have lost the
checks, Wilson said he did not take it (checkbook) out of the house, that he had the
Visa Check Card.
Defense attorney Davis asked Officer Safrit if
Miller was ever charged with the theft of the checks. He responded No.
- Mike Rainey and Jeff Ridenhours testimonies
verified previous testimony that Kenneth Miller was working at KoSa from 7 a.m. until 3:45
p.m. Oct. 21.
- Mailman Tony Parker testified that he delivered
mail to Leon Wilsons home around 2 p.m. Oct. 21. Wilson did not come outside to meet
him as he usually would.
- Amy Nance, a United Parcel Service worker,
testified that she left two packages on Leon Wilsons porch at 5:50 p.m. Oct. 21,
after ringing the doorbell and knocking. She also put his Oct. 21, 1998, Salisbury Post on
his packages.
- Jane Owen finished her testimony about the status
of Kenneth and Kathy Millers bank account at First Citizens Bank.
She reiterated that in 1997 the Millers had 75
checks returned for insufficient funds and in 1998, as of Oct. 23, 58 checks were returned
for insufficient funds.