November 5, 2009

Morning Session    Courtroom Photos

The first witness to testify today was Harris County Deputy Constable Patrick Cherry who has known the Zeigler family for years and who testified that since he has known Royce Zeigler he has thought of him as a great guy and when he heard about his involvement in this case he didn't believe any of it. He didn't not believe that Zeigler either injured Riley or participated in the cover-up. He said he think Zeigler lied to protect Kimberly Trenor because he loved her so much.

Nellie Zeigler, the defendants mother was on the stand for the majority of the day.

The witness' testimony recounted an incident that proceeded a trip to Del Rio, in which the Royce, Kim and Riley accompanied Nellie and her sister on. Nellie said that she had gone shopping prior to the trip and bought outfits for both Riley and Kim, along with a child's suitcase for Riley. After shopping the witness stopped by the defendant's home to  give the purchases to Riley and Kim. She stated that when she arrived at the house, she knocked on both the door and windows in an attempt to get Kim to open the door. She stated that she had heard voices inside the home and could not understand why no one answered the door. After waiting what appeared to be ten minutes the  witness headed home.

On her way home, Nellie called Royce and told him what had transpired at his home. She stated that she was both mad and upset that no one answered the door. About 35 minutes later, Kim and Riley showed up at ms. Zeigler's house where Kim apologized for not answering the door, stating that they had been in the shower. Nellie then showed Riley the outfits she had bought for her and stated that Riley was very happy with them. She next showed Kim the outfits for her and testified that Kim said the outfits were, "ok."

Mrs. Zeigler then suggested that the go get something to eat since none of them had eaten lunch yet. They arrived at Chik-fil-A and ordered something to eat. Nellie then recounted that the food they had ordered for Riley was very hot, and she started to blow on it, in an effort to cool it so that Riley would not get burned. At that point, Kim told the witness that she didn't need to do that and that Riley could do that for herself.

Once they all had arrived in Del Rio, the witness recounted that Kim was the same as always and that Royce played with Riley. Nellie also stated that at times Kim would cling to Royce, which lead to the witness to think that perhaps Kim was jealous of the attention Royce was giving to Riley. Mrs. Zeigler also stated that Kim was uncomfortable with Royce's aunt.

Mrs. Zeigler also went on to recount a shopping trip with Riley when they went to Target together. She stated that Riley was in the basket and spontaneously started screaming in the store, much to the witness's surprise. Nellie then stated that she picked Riley up, took her to the car, put Riley in her seat and as simply as possible, told Riley the story of the Boy Who Cried Wolf and suddenly Riley was ok. The witness also went on to state that Riley was a normal two year who occasionally would jump on furniture when she was with Nellie on weekends. The witness also testified to telling Royce that it is important to discipline a child when the misbehavior occurs rather than waiting until that time had passed.

Another incident the witness recounted for the jury was an occasion when Royce came to her home and looked very sad. Royce had told her that he had to leave his house because during the day, Riley had bit Kim and Kim wanted Royce to intervene. Mrs. Zeigler told him that Kim should have corrected that behavior herself, at the time it happened.

Nellie also told the jury that disciplining Riley was not an issue all the time. She stated that maybe Royce and Kim thought she was nagging them about it but she didn't think so. She saw it as giving advice in child rearing.

Mrs. Zeigler also testified to the circumstances of a family dinner at the defendant's home. Royce's father had come into town from working in Virginia and they were invited to dinner at the defendant's home. When the witness and her husband arrived they found Royce cooking hamburgers, Kim eating a hamburger, Riley eating macaroni & cheese; while their guests were waiting for food.

The witness also testified to the family trip to the Woodland's Mall. Nellie said that Royce had bought tickets for her and for him to take Riley on the carousel there. When the pictures of that trip were exhibited for the jury to see, the witness became visible upset and started crying. She had difficulty stating that she always fixed Riley's hair in pigtails and that she always made sure that Riley looked cute, even cuter than she naturally was.

Nellie also told the jury that on these trips to that Mall, that Royce would always take Riley to the Disney Store and would buy her one or two toys every time. She stated that she bought Riley outfits from the Disney Store too.

The witness then testified to the events of another family outing to CiCi's pizza, telling the jury that Royce went and ordered Riley favorite pizza for her, since none were on the buffet. Once the pizza arrived, Nellie started to cut up the pizza for Riley and started to blow on it, ensuring that it was not too hot for Riley. Once again, Kim told her that she didn't need to do that and that Riley could do that for herself. That was the last time the witness saw Riley.

Nellie recounted that in August, Kim had complained that her IUD was hurting her and Royce asked his mother to go with Kim to the doctor.

On August 8th, Nellie again went to the defendant's home to drop off presents since it was Kim's birthday. When she arrived, she asked Kim where Riley was and Kim told her that Riley was spending the night at Reed Emerson's house, as Riley was playing with is children. Later that evening they went out for a steak dinner to further celebrate Kim's birthday.

Mrs. Zeigler returned to the defendant's home on August 11th in hopes of seeing Riley. At that time, Kim told the witness that she had taken Riley to her aunt and uncle's home in a town outside of Houston, since Sheryl Sawyers was seeking custody of her. Kim went on to explain that end of six months some residency requirement would be met and then she could bring Riley home.

Nellie testified to telling Kim, that sending Riley away was unnecessary as she would quit her job and take care of Riley for her. The witness testified that she was hurt, thinking that Kim did not trust her to take care of Riley. She further testified to talking to Royce and telling him that Kim doesn't like her. Nellie stated that during that conversation Royce was crying and told her: "Please mama, don't get involved." Nellie then testified that she thought Kim felt that she was a nosy mother in law. She went on to state that when she took Kim to the doctor, that she tried not to get too nosy and really believed that Riley was out of town with Kim's relatives.

After making a trip to Virginia to visit her husband, the witness returned home. While out of town she had done some shopping for Riley and Kim. When she arrived home she asked Royce to come by her house, (as she knew Kim was always with Royce) so she could show them the outfits she had bought. When Kim and Royce arrived she showed them an outfit she had bought for Riley. Nellie testified that Royce started crying and that Kim hit him, telling him to: "Cut that out."

In Oct.  the witness underwent gallbladder surgery and testified that Kim did sit with her in the hospital but was really no help. Once the witness returned home she said Kim never called or came by. The witness stated that she missed three weeks of work. Mrs. Zeigler then testified that her other son, Hiram was upset at Kim's lack of help and tried to call Royce to talk with him. Nellie stated that Hiram had attempted to call Royce four times and that each time, Kim would answer the phone and not let him talk with Royce, hanging up on Hiram.

An argument then ensued between the witness and Royce, ending with her telling him to bring his truck back, as she had paid for it. Royce showed up at her home and threw the keys on the porch. Royce than left with Kim in the van, that had been previously parked outside Nellie's house. During that time, the witness testified that Kim had given her the evil eye. She also stated that she could understand Royce's embarrassment at her taking the truck back and why he would tell people that his truck had been stolen.

The witness further testified to a conversation with Hiram when he had heard about Baby Grace and the shoes being found. The witness told Hiram that thousands of little girls have those shoes since they were sold by Wal-Mart and that the remains were found in Galveston, not where Riley was currently living.

The Friday of that week, while driving home from work and listening to talk radio, the witness went to the radio's website to view the sketches of Baby Grace. She testified that she took pictures of Riley which she had in her home, over to the computer when she viewed the sketches. She then asks Hiram to go talk with Royce.

When Hiram returned to her home after visiting the defendant she testified that he was mad. At the time Hiram was walking through the front door, Royce was walking through her back door. Since Hiram was so upset she asked him to leave so she could speak with Royce. She then suggested that Royce spend the night and that they will talk about things in the mornings. Royce and his mother go back to his house to pick up Kim. By this time, it was almost midnight. When they arrived at the defendant's house, Kim was not home. They drove around looking for her, and checked back at the house from time to time to see if she had returned home. Finally Kim had returned to the house and they all went back to Mrs. Zeigler's house to sleep.

The next morning, Kim tells the witness that she did something, 'really stupid.' When Nellie asks her what, Kim tells her that she threw out everything that belonged to Riley in different dumpsters around town. Nellie stated that she told Kim, that Kim was acting like Riley was never coming back. Nellie then asks Royce to come downstairs so she can talk with him.

Kim then tells Nellie the bogus CPS story, tells the witness she has a document and describes the fictitious CPS worker to her. Nellie then told the court that Kim stated she believed that Sheryl Sawyers has Riley in Ohio. When Nellie asked Kim why she didn't call the police, Kim tells her that she spoke with her own father and he told her he had seen Riley and Sheryl, along with Sheryl's new grandson in a car leaving the local post office in Ohio. Kim assures the witness that Riley is ok.

Mrs. Zeigler testified that at the time she thought this was a kidnapping and wanted to call the police and FBI. Kim advised her to calm down and that she knows Riley is fine for a fact. Kim also told her that she and Royce were going to go to Ohio to get Riley and the witness suggested that they do it now. Kim then tells her that she is working with an attorney to get Riley back and has an appointment to see her on 11/12/07 as the attorney is presently out of town.

In early November, Nellie suggests to Royce and Kim that they move in with her, so they can save money for the custody dispute expenses. Nellie then gave notice on her job so she could help in taking care of Riley.

On 11/10/07 while in the processing of moving, both Royce and Kim receive phone calls from law enforcement. Royce then takes off to go back to his house and Nellie accompanies Kim back there too. The witness spoke with law enforcement that was present and told them that they didn't need to be here over some dog, but should be in Ohio looking for Riley.

The testimony continued with Mrs. Ziegler stating that on the morning of 11/12/07, she heard Kim's voice upstairs. She overheard Kim on her cell phone and concluded that Kim was talking with her own father. Nellie testified that she heard Kim saying; "Remember Dad, you told me that you saw Riley with the new baby, remember you told me that."

Later that day Kim and Nellie arrive at Attorney Jean Minks office. Kim tells the bogus CPS story to the lawyer who is then shocked. Kim then goes to show the CPS letter to the attorney and does not have it with her. Nellie testified to reminding Kim that morning to make sure she had the letter with her and that Kim stated it was in her purse. Kim then tells the attorney that she will look for the letter and send it over to her in the morning. Nellie then testified to wanting to help Kim search for the letter, but that Kim sat down to watch television, advising the witness that the letter was in the storage unit. In the morning Kim tells Nellie that she found the letter and took it to the attorney. Kim tells Nellie that she will show the letter to her that evening.

When Nellie saw the letter, she advised Kim that this was not a professional letter

Further testimony by the witness recounts that on 11/14/07, her last day of work, that Kim called her and told her that the attorney is setting up a meeting with a criminal attorney, Tom Stickler. Kim was complaining of not feeling well, so Mrs. Zeigler takes her to the doctor.

When Nellie and Kim arrive at Stickler's office, Jean Minks is there. Nellie walked into his office with Kim. They had an appointment at three o'clock but Mr. Stickler didn't arrive until five o'clock. Mr. Stickler asks Nellie to leave his office because the discussion with Kim will be privileged information. The witness waited about two hours for Kim to finish her meeting.

Afternoon Session

Nellie's Zeigler testimony continued this afternoon with recounting the events of mid November 2007.

Mrs. Zeigler testified that her husband, Royce Zeigler, Sr. returned to Houston for the Thanksgiving Holiday. When he arrived she advised her husband that she needed to talk with him and later that evening she did. Her concerns prompted her husband to talk with both the defendant and his wife the next morning.

Nellie testified that her husband and she spoke with their son and Kim as to the whereabouts of Riley in the living room of their home. The senior Zeigler asked Kim where is Riley. Kim told him that Riley is in Ohio. He told her he thought she was lying. When he asked Kim again, she gave the same response and once again he told her he believed what she was telling him was a lie. When asked a third time, testimony of the witness recounted Kim jumping up, putting the middle fingers of both her hands in the air and yelling f***k you. The senior Mr. Zeigler then told Kim that behavior was unacceptable in his home and she could leave. At that point Royce stated that if Kim leaves, he too would leave.

The witness stated that Kim was angry and belligerent, she then proceeded upstairs to pack. Nellie followed her and tried to talking to her. At that time Kim tells the witness; "You're going to pay for this" and then heads downstairs.

The witness recalled looking out her bedroom window which faced the street, and saw Kim hurriedly walking towards the van, Royce walking behind her slowly. Then they both drive off.

On the 19th Royce calls his mother and asks if it is alright for Kim to come back to her house and finish picking up their belongings. The witness advised her son that it would be better if they came in the afternoon to do so. In the afternoon Royce calls his mother and tells her that reporters are at the home he shares with Kim. As soon as she could, Kim returns to the defendant's parent's house. Mrs. Zeigler then recalled that once they were all together mutual apologies ensued, as she wanted peace for Thanksgiving. She then extends an invitation to her son and his wife for them both to move back in.

When asked, the witness admitted to not knowing that Royce wrote a suicide note and attempted to kill himself, the night of the disagreement which precipitated Kim and Royce leaving her home.

Mrs. Zeigler testified that the Thanksgiving Holiday at her home was very quiet. She recounted that Hiram, her husband and herself all ate but that Royce and Kim did not eat so well.

The following day, Friday, 11/23/07 Kim was to give DNA samples to law enforcement. Royce asked Kim if she wanted him to go with her and she said, no, that she did not want to get Royce involved. Nellie then asked Kim, if Kim wanted her to with her  and stated that when they got back they could go Christmas shopping and decorating the house. Kim declined her offer.

Around 4:00 pm that afternoon, Royce was getting worried as he had not heard from Kim. When looking around the house, he found Kim's cell phone and realized she had forgotten it. Royce then went to go look for her. The witness stated that she did not hear from he son until around 7:00 pm that evening. He had found Kim's van at Mr. Stickler's office and was heading to the Alvin Police Station in search of Kim.

Mrs. Zeigler stated that she was watching television that evening when there was a knock at her door. Upon opening the door, she found out that the FBI was at her home and they started asking questions. Nellie tells the FBI agents that they should be in Ohio. Right around that time, Royce comes back to the house and surrenders computers that the FBI wanted to take into custody. Nellie also stated that the FBI would not allow her family members to communicate with Royce.

The defendant then leaves her home in route to Galveston with FBI agent gay. The entire family is driven to Galveston for questioning, each in separate cars.

On cross examination by the District Attorney revealed that with regard to the episode when Kim didn't answer the door, that Kim apologized to and showed up at the witness's house after Kim had spoken to Royce. With regard to the witness talking about the bruises on Riley, Nellie stated that she addressed that issue with both Kim and Royce. She went on to say that while Royce was sincere in stating that it will never happen again; Kim said nothing and walked away.

The witness also stated that Kim would share things with her on and off. She recalled Kim telling her that she did not like Sheryl Sawyers and said that her ex-boyfriend was abusive, that is why she left with Riley. Nellie also testified that she had not heard that others thought Riley needed discipline.

When asked about Royce's remark about leaving the house before something bad happened, the witness stated that  the remark doesn't sound like her son. She also stated that everyone has a temper and that Royce's temper was not as quick as Hiram's.

Mrs. Zeigler also maintained that she did not know that the things she said about Riley concerned her son, she just thought that Kim did not like her.

Further cross examination revealed that the witness was asked if she got the same cover story from her son as she did from Kim, Nellie stated that she never confronted Royce but rather Royce and Kim together, and when she did so that Kim did all the talking. The District Attorney pointed out that when Kim was talking, Royce said nothing.
Ms. Ziegler also stated during cross examination that when she confronted Royce and Kim about throwing away all of Riley's things, that Royce was not calm but upset and that Kim looked scared and nervous.

When touching on the topic of Kim telling the witness; "You're going to pay for this" the witness agreed with the District Attorney that indeed she had paid a price with regard to other grandchild of whom Royce is the father. Nellie also stated that Kim seemed so confident that she would get Riley back and recounted a phone conversation she had with Kim's father. Nellie stated he told her that he had seen Sheryl Sawyers at Wal-Mart buying little girl dresses.

In closing Mrs. Zeigler said that by nature she was an optimist and tried to see the good in things rather than the bad. She stated that the stories of Riley being seen had given her hope and that she didn't want to believe that anything bad had happened. Nellie also testified that she did not read or go over any of her son's statements. The witness was then excused.

The final witness for the defense was Nahla Alkoussari, the defendant's landlord. She stated that she met Royce, Kim and Riley. She had gotten the opportunity to see Royce interact with Riley and recounted Royce taking care of Riley while Kim went to watch television in the office of the witness's storage business. She stated that Kim was not friendly.

The witness also recalled hearing Kim tell Royce to deal with Riley. Nahla recalled Royce holding and comforting Riley when she cried and the fact that Royce took Riley to McDonald's to get her something to eat.

On another occasion the witness recalled Royce coming to talk to her about putting a swing set in the backyard for Riley, which she gave her permission to. The witness recalled Royce holding Riley during that time and Kim being uncommunicative.

Nahla testified to helping Royce with a storage unit so he could story Christmas presents for Riley there. On that occasion Royce asked her about a day care so Kim could have her own space.

When asked if law enforcement interviewed her, she stated that they contacted her to get a copy of the lease, questioned her as to an odor in the house but asked nothing further. The witness further testified that she never felt uncomfortable around Royce.

The witness was excused and the defense rested its' case.

The prosecution then called two rebuttal witnesses. The first rebuttal witness was Tonya Mercer. Mercer stated she was a medical asst. and worked in the doctor's office where Kim had IUD removed.

She testified to Kim calling for an appoint and later showing up for that appointment. Kim had asked the office how much the examination would cost and was told somewhere between $80.00- $150.00. The witness also testified to the defendant showing up at the appointment with Kim and he waited in the waiting room.

During Kim's examination, more procedures had to be performed than just removing the IUD. Upon leaving, Royce and Kim found out the cost of the visit had gone up to $450.00. According to Mercer, Royce became upset and asked Kim why she didn't tell him the examination would cost that much. Kim said nothing. The defendant had to call his mother to pay for the doctor's fees, which she did.

Mercer testified to telling one of her coworkers, "Someone's going to get beat tonight" after Royce and Kim left the office.

On cross examination, defense attorney Dee McWilliams asked the witness if she thought that her remark was funny. She said no. Mr. McWilliams asked the witness if she meant that Royce would beat Kim. The witness stated; "I never said that." When asked again who she thought would get beat she answered, "his wife." McWilliams asked the witness if it was possible that the defendant was upset because the cost of the visit went from roughly a $100.00 to $450.00 the witness admitted that was possible and that she had drawn her conclusion about the defendant after interacting with him for less than twenty minutes.

The next rebuttal witness was Sgt. Mike Barry. Sgt. Barry testified that the author of the document chronicling the bogus CPS visit was Kim. He also stated that law enforcement interviewed 3 neighbors of Royce and Kim. He believed there may be more but he could not remember. Additional testimony by Sgt. Barry recounted that he did not feel that he had gotten everything he needed from the defendant and that everyone tries to minimize their involvement in cases like this. Sgt. Barry also stated that the cover story of what happened to Riley worked for both Royce and Kim.

Final arguments start tomorrow, Friday.