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Mallard found guilty in windshield death case - guilty of murder and tampering with evidence
The Dallas Morning News ^ | June 26, 2003 | By DAVE LEVINTHAL / The Dallas Morning News

Posted on 06/26/2003 11:21:31 AM PDT by MeekOneGOP

Mallard found guilty in windshield death case

06/26/2003

By DAVE LEVINTHAL / The Dallas Morning News

FORT WORTH – A Tarrant County jury took less than a hour Thursday to find nurse's aide Chante Mallard guilty of murder in the death of Gregory Biggs, the homeless man she struck with her car and left to die in her shattered windshield.

There was no audible reaction in the courtroom as the guilty verdict was returned. Ms. Mallard, 27, stood between her two defense lawyers, Jeffrey Kearney and Reagan Wynn, before being led into a holding room.

The sentencing phase of her trial will resume at 2 p.m.Thursday.

*
Michael Ainsworth / DMN
Chante Mallard enters court today in Fort Worth.

Ms. Mallard was accused of hitting Mr. Biggs, a former school bus driver and bricklayer, after a night of drinking and taking drugs with a friend in October 2001. The impact of her car threw Mr. Biggs through her windshield and left his body lodged there.

In a panic, Ms. Mallard drove her car to her home and left Mr. Biggs in her garage, where he bled to death, prosecutors said.

"The evidence is overwhelming," prosecutor Christy Jack told jurors during closing arguments. "She took him to her garage, and concealed him from anyone who could render aid."

But defense attorneys argued that Ms. Mallard was not guilty of murder under Texas law for her actions that night.

"If you let your decision be influenced by sympathy, by media coverage, by emotion, your verdict will be forever compromised," Mr. Kearney said. "You cannot convict her if we're going to do this right under the law."

The defense effectively conceded that Ms. Mallard was guilty of failing to render aid to Mr. Biggs. A conviction on a charge of failing to render aid could lead to jail time, but is less severe than the felony murder charge of which Ms. Mallard was convicted.

Judge James R. Wilson explained to the jury before they began deliberations that they had three choices: To acquit Ms. Mallard, to convict her of failing to render aid or to convict her of murder.

Failing to help someone, even a dying person, is not murder as defined by Texas Law, Mr. Kearney said.

He told the jury that one of Ms. Mallard's friends, Clete Jackson, took control of disposing of Mr. Biggs' body after Ms. Mallard called him in a panic. Mr. Jackson is serving prison time for his role in dumping Mr. Biggs' body in a Fort Worth park.

Lead prosecutor Richard Alpert compared that scenario to associates of Hitler arguing that Hitler's minions were responsible for his crimes.

That drew an impassioned response from the defense.

"He's comparing the defense to someone like Hitler!" Mr. Kearney shouted to Judge Wilson as he sprung from his seat. "That's a totally improper comment!"

Judge Wilson sustained Mr. Kearney's objection to Mr. Alpert's comments, but the judge denied Mr. Kearney's subsequent request for a mistrial.

The defense said that prosecutors relied heavily on the testimony Titilesse "T" Caree Fry, who was with Ms. Mallard in the hours immediately before and after she hit Mr. Biggs.

"Miss Fry is a liar, having given false testimony to a grand jury earlier in the case," Mr. Kearney said.

Mr. Alpert argued, however, that defense attorneys were simply frustrated because they were competent, aggressive lawyers with an indefensible client.

Ms. Mallard's actions alone led to Mr. Biggs' death, he said.

"She could have called Clete or she could have called her brother," a Fort Worth firefighter on duty at the time Ms. Mallard hit Mr. Biggs, Mr. Alpert said.

"If you want to dispose of the body, you call Clete," he added.

Email dlevinthal@dallasnews.com


Online at: http://www.dallasnews.com/latestnews/stories/062603dnmetmallard.2d8f7dea.html


TOPICS: Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: chantemallard; fortworth; gregorybiggs; hitandrun; murder; texas
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Gregory Glenn Biggs
graduated from Evangel
Temple Christian School in
Grand Prairie in 1982.

Portrait taken of Biggs in 1988.


Chante Mallard

Chante Mallard (left) is accused of striking
Gregory Biggs with her car and leaving him
to die in the windshield.

1 posted on 06/26/2003 11:21:31 AM PDT by MeekOneGOP
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To: MeeknMing
Also on MSNBC :Guilty verdict in windshield death

Good!

2 posted on 06/26/2003 11:23:27 AM PDT by kaylar (Amrozi (Bali bombing suspect) said: "Terrorism is ordered by Allah. That's in the Koran.")
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To: yall
STAR-TELEGRAM ARCHIVES/RODGER MALLISON
Chante Mallard attends a hearing in March 2002 that increased her bail to $250,000. Two men have pleaded guilty in the case and are expected to testify for the prosecution.
STAR-TELEGRAM ARCHIVES/JOYCE MARSHALL
Gregory Glenn Biggs died within hours of being struck after Chante Mallard parked her car inside the garage of her house at 3840 Wilbarger Street , according to the Tarrant County medical examiner.

3 posted on 06/26/2003 11:25:12 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
This is the right decision. Couldn't believe the legal talking heads last night saying it was a simple manslaughter case. Guess they hadn't read about the doctors from Johns Hopkins who said the man could have been saved had the murderer gotten him medical attention right away.
4 posted on 06/26/2003 11:28:42 AM PDT by Peach
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To: MeeknMing
Think of the buzz if Biggs were black and Mallard white?
5 posted on 06/26/2003 11:29:49 AM PDT by rockfish59
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To: MeeknMing
prosecutors relied heavily on the testimony Titilesse "T" Caree Fry

Where do parents come up with these names?

6 posted on 06/26/2003 11:30:42 AM PDT by Dog Gone
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To: yall
Thread history on this story:

06-26-2003
Windshield Verdict - Breaking Thread


06-25-2003 Trial Report
Defense, prosecution rest in windshield case


06-25-2003 Trial Report
Fire captain: It wasn't too late for man in windshield -
victim would have survived with medical aid


06-24-2003 Trial Report
Forensic scientist takes stand in windshield death
case - victim 'spit blood...gripped map holder'


06-23-2003 (Trial Begins)
Mallard pleads not guilty to murder - smoked pot,
took ecstasy and drank heavily before hit and run

06-23-2003
Trial begins in death-by-windshield case

Pre-Trial Articles:

06-22-2003
Windshield case: Was it murder?
(Chante Mallard Murder Trial)

06-18-2003
Windshield case attracts spotlight -
Mallard trial focuses natl media, legal eye on FW courts again


03-07-2002:
Man Lives 2 Days Stuck In Broken Windshield
(THIS IS UNBELIEVABLE - The woman should be SHOT!)


03-07-2002:
Police: Hit-Run Victim Lived Two Days Trapped in Windshield of Woman's Car


03-07-2002:
Texas Woman Charged With Allowing Hit-and-Run Victim to Die in Broken Windshield


03-07-2002:
Hit-and-run victim lodged in windshield for days


03-08-2002:
Woman accused of hitting man, leaving him to die on windshield
[Lawyer says case "overblown"]


03-08-2002:
Update on Man in Windshield story-
Woman had sex while man was dying in garage, "A mistake" she says


03-08-2002:
Police: Hit-run victim left to die in car windshield


03-09-2002:
Windshield death suspect back in jail - Bail raised to $250,000 -
Informant Receives Death Threats


03-13-2002:
Man died in hours, doctor says -
Windshield Hit & Run Murder Charge Stands - Suspect Still in Jail


03-15-2002:
Son sues suspect in windshield fatality -
Murder Suspect Still in Jail


7 posted on 06/26/2003 11:32:29 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: Peach
Let me get this straight: A woman strikes a man with her car and then drives home with him lodged in her windshield. She then leaves him in the garage to die and the defense has a problem with the murder charge? Says the charge should merely be "failure to render aid?"

I have a hard time grasping that kind of logic. Was this woman in jail since her 2001 arrest? Hopefully she was and hopefully she will receive a life sentence.

8 posted on 06/26/2003 11:35:22 AM PDT by SamAdams76 (Back in boot camp! 260 (-40))
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To: Peach
If you that's bad you should have seen Mickey Sherman on Linda Vester's show on FNC talking about how the drug impairment angle was no big deal because almost everybody does it (drives impaired). Charming. Talk about defining deviancy down.
9 posted on 06/26/2003 11:35:26 AM PDT by mewzilla
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To: mewzilla
...think that's bad...To be fair, Sherman was for throwing the book at her for what she did to the victim after she hit him, but he also seemed to think that hitting the guy while she was higher than a kite was no big deal.
10 posted on 06/26/2003 11:36:53 AM PDT by mewzilla
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To: rockfish59
Think of the buzz if Biggs were black and Mallard white?

Yeah, the buzz would be saying "hate crime"

11 posted on 06/26/2003 11:38:19 AM PDT by BSunday (My other post is a pulitzer-winner)
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To: Lunatic Fringe
I saw your comment on the deleted duplicate breaking thread:

She did not get 1st degree murder.

I wonder where I got the idea it was first degree murder ?

So then what are the sentencing options in this case? Can she still get life in prison ?


12 posted on 06/26/2003 11:44:09 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
I think the range is from 5 to 99 years.
13 posted on 06/26/2003 11:59:18 AM PDT by ken in texas
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To: MeeknMing
She is facing life in prison, plus 10 years for tampering with evidence
14 posted on 06/26/2003 11:59:59 AM PDT by Lunatic Fringe (When news breaks, we fix it.)
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To: SamAdams76
If you were the lawyer assigned to defend her, what would you come up with?

Sure, it's weak which is why the jury deliberated only long enough to have a donut and a restroom break before announcing their verdict.

15 posted on 06/26/2003 12:09:42 PM PDT by Dog Gone
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To: SamAdams76
I think they are considering the sentencing phase right now and I too hope it's life.
16 posted on 06/26/2003 12:19:18 PM PDT by Peach
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To: SamAdams76
That failure to render aid defense was ridiculous and thankfully the jury saw right through it. I don't know whether she's been jailed since her arrest or not.

The everybody does it defense is lame, too. Not everybody drives while impaired and those that do should do jail time.

17 posted on 06/26/2003 12:20:46 PM PDT by Peach
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To: Lunatic Fringe
Thanks !
18 posted on 06/26/2003 12:23:19 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: All
Help me out here, folks. I seem to recall that several years ago there was a law passed or almost past stating that if an uninvolved person sees another person commit a crime on another the uninvolved could be charged.

Did I imagine it or is it true?

19 posted on 06/26/2003 12:31:00 PM PDT by lysie
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To: Dog Gone
Where do parents come up with these names?

hehe ! I know, isn't that strange?

For some reason my first thought seeing your comments was a strange twist from Art Linkletter:

Parents say the darndest things !

20 posted on 06/26/2003 12:31:31 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: lysie
I'm not familiar with it. Is that a Texas statute you're thinking about? Or New York?
21 posted on 06/26/2003 12:33:40 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: BSunday
From Dummies Underground:

what if Ms. Mallard had been an attractive white girl/woman, instead of a less-than attractive black woman?
how would the case had played out then?

Suppose the attractive white woman were a member of the BFEE..?
In that case, the man in the windshield would probably have been charged with "Tresspassing" and "Damage to personal property", and his estate made to fix the windshield, clean the car's upholstry, and pay for the poor frail thing's therapy bills.

and

To think that a pretty little white girl, batting her eyelashes and showing remorse wouldn't get a more favorable treatment in front of a jury than a dumpy black woman is to ignore just how things play out in the real world.

and

> what if Ms. Mallard had been an attractive white girl/woman
Exactly! This poor woman was tried and found guilty by the thugs in blue long before she had her day in court. This sort of activity by the police is disgusting. She never had a chance to have a fair trial.

Since she's one of the types of people that the thugs in blue hate so much, she'll get a very stiff sentence. If she was a white woman, she'd probably just get probation.

The racism displayed by the media and the government in this case is disgusting.



22 posted on 06/26/2003 12:36:50 PM PDT by Bluntpoint
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To: Peach
Couldn't believe the legal talking heads last night saying it was a simple manslaughter case. Guess they hadn't read about the doctors from Johns Hopkins who said the man could have been saved had the murderer gotten him medical attention right away.

You must remember that most legal talking heads are pretty much don't know what they are talking about. Nearly all States have unique criminal statutes, yet they always have the same do-dos chatting about these cases.

In Texas, manslaugter is limited to circumstances where a person recklessly causes the death of a person. Mallard's conduct does not meet the Texas statutory definition for recklessly. Of course, that would necessitate one of these talking heads actually looking at a law book.

23 posted on 06/26/2003 12:43:08 PM PDT by writmeister
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To: writmeister
Agreed. I've found most of the talking heads don't have a clue. Same as the armchair generals during the war in Iraq.
24 posted on 06/26/2003 12:44:27 PM PDT by Peach
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To: Bluntpoint
Hehehehe I love it when they all start soiling their bunched up undies. Especially when they are together far far away. :)

25 posted on 06/26/2003 12:44:52 PM PDT by Area51
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To: Bluntpoint
The DU poster must be friends with the two nitwits currently outside the Tarrant County Justice Center protesting the guilty verdict with signs about the racist verdict.
26 posted on 06/26/2003 12:45:23 PM PDT by writmeister
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To: writmeister
Another post:

Is it any wonder that this young black woman panicked after this horrific accident? Perhaps she envisioned that no one (in Texas, that is) would believe her that it was an unintentional, but horrific accident? Instead of calling 911, she panicked.
Being charged with murder, is, in my opinion, overcharging. What about manslaughter plus charges for failing to call for help? She obviously panicked and compounded what was a already a tragedy.

This is Texas. Would this black woman have been charged with murder in a blue state? I wonder.

27 posted on 06/26/2003 12:48:06 PM PDT by Bluntpoint
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To: Bluntpoint
They are certainly DUmmies. Who in their right mind would call a person, regardless of race or gender, a 'poor thing' who runs a man over, then leaves him lodged in the windshield of his/her car until he bleeds to death.

This woman is no 'poor little thing.' She is evil. And so are the DUmmies who call her a 'poor thing.'

28 posted on 06/26/2003 12:54:08 PM PDT by MEGoody
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To: Bluntpoint
I guess Mallard would feel intimidated calling 9-1-1 particularly since her brother is a firefighter, our fire chief is African-American, and our police chief is Hispanic. [sarcasm off]

Our murder statute is quite clear: if you commit a felony which causes the death of a person, it is murder. Keeping that in mind, in Texas, we have wide sentencing range. For murder, she could receive anywhere between five years and life imprisonment. Plus, if she receives ten years or less, the jury could give her community supervision.

29 posted on 06/26/2003 12:56:48 PM PDT by writmeister
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To: MEGoody
Apparently, the Ayrian Brotherhood pelted her car with a homeless man. They would do anything to intimidate a black person.
30 posted on 06/26/2003 12:58:59 PM PDT by Bluntpoint
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To: TomGuy
Chante in on the stand now in the sentencing phase !!
31 posted on 06/26/2003 2:25:55 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: yall
IS on the stand
32 posted on 06/26/2003 2:30:56 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
Thanks for the update.
33 posted on 06/26/2003 2:32:33 PM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: MeeknMing
Good! The case was a slam-dunk from the start.

What that woman did was beyond reprehensible; it was downright evil.

-Jay
34 posted on 06/26/2003 3:00:36 PM PDT by Jay D. Dyson (Liberty * Liberalism = Constant)
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To: MeeknMing

First I thought it was this...now I remember. Excellent.

35 posted on 06/26/2003 3:02:26 PM PDT by ModernDayCato
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To: Bluntpoint
From Dummies Underground:

what if Ms. Mallard had been an attractive white girl/woman, instead of a less-than attractive black woman? how would the case had played out then?

It would have played out with Al Sharpton and Jesse Jackson pulling out the Race Card and claiming all manner of racial motivation for the crime. Duh?

Suppose the attractive white woman were a member of the BFEE..?
<snip>
To think that a pretty little white girl, batting her eyelashes and showing remorse wouldn't get a more favorable treatment in front of a jury than a dumpy black woman is to ignore just how things play out in the real world.

Judging from the way things have gone "in the real world" in Los Angeles and Philadelphia, if the black woman had been cleared, the blacks would have cheered and the whites would have been dismayed.

Had the woman been white and cleared of the charges "in the real world," the whites would have STILL been dismayed and we'd all be watching the blacks burn their neighborhoods to the ground. (Side note: isn't it curious that the whites didn't riot following the travesty of the O.J. murder trial?)

Sheesh. Just when I though the DUmmies couldn't be any more deluded with their own rubbish, they top themselves. Sakes...

-Jay

36 posted on 06/26/2003 3:09:44 PM PDT by Jay D. Dyson (Liberty * Liberalism = Constant)
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To: MeeknMing
I'm not familiar with it. Is that a Texas statute you're thinking about? Or New York?

It must have been a NY thing.

Thanks for replying.

37 posted on 06/27/2003 5:26:46 AM PDT by lysie
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To: nicmarlo; Pippin; JustAmy; I_be_tc; chance33_98; maxwell; Howlin; Zavien Doombringer; Tall_Texan; ..
Well, they are finally done with the sentencing hearing now and the jury is deliberating to decide Chante Mallard's sentencing. When there is an announcement with the sentence/penalty, I'll let you know ! Court TV anticipates it will take longer for the sentencing than they did for the verdict. I think so myself.

Chante Mallard took the stand yesterday afternoon and answered questions from the defense and prosecuting attorneys.

I didn't ping you to this article yesterday, trying to minimize pings to you, and you got the ping to the Breaking Thread with the verdict already.


Please let me know if you want ON or OFF my Chante Mallard Murder Trial ping list!. . .don't be shy.


38 posted on 06/27/2003 10:06:49 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
>>Thread history on this story<<

Other than that, no interest in FR

;)
39 posted on 06/27/2003 10:10:35 AM PDT by freedumb2003 (Peace through Strength)
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To: MeeknMing
Finally found this thread!!!
Am also waiting sentence on Court Tv, love the live thread discussion.
But, I missed the first part of testimony-can anyone tell me who turned her in?
Absolutely frightening to think that she ALMOST got away with it!!!
40 posted on 06/27/2003 10:28:38 AM PDT by oreolady ( George Bush in a uniform is magnificent! (George in ANYTHING is Magnificent))
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To: oreolady
A friend of hers who was at a party and overheard her laughing about killing a white man. IIRC.
41 posted on 06/27/2003 10:39:51 AM PDT by Jaded (But I tell you: Love your enemies and pray for those who persecute you. Mat. 5:44)
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To: Jaded
Ewwwww, Sick.
Thanks for the info, Karen
42 posted on 06/27/2003 10:41:55 AM PDT by oreolady ( George Bush in a uniform is magnificent! (George in ANYTHING is Magnificent))
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To: oreolady
Some knucklehead in suspenders (don't know his name) thinks she should be given a lighter sentance due to the fact that her father tried very hard to raise a good family in a highly segregated southern community. For crying out loud I can't think of a dumber reason to go soft on this woman.
43 posted on 06/27/2003 10:51:57 AM PDT by fml
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To: freedumb2003
hehe ! Yep. Some of those threads have hundreds of replies too.
44 posted on 06/27/2003 11:00:17 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: oreolady
But, I missed the first part of testimony-can anyone tell me who turned her in?

One or two of the girls did, but I'm not certain which one(s). One of the threads linked at post #7 has a LOT of good info on it. Here is an excerpt from it:

In the end, it was girl talk at a party that unraveled the mystery and uncovered a bizarre tale that made headlines across the nation.

< snip >

But Mallard told a different story around Valentine's Day, according to a woman who tipped police to Mallard's involvement in the case.

That woman's statement, also revealed in the affidavit, goes as follows:

Mallard and a small group of women were planning to go out for the night when Mallard mentioned that she could not take her car.

She explained that she had hit a man while intoxicated and "messed up" on the drug Ecstasy. She told the women that, after leaving the injured man in her garage, she had sex with her boyfriend, Terrance, inside the house.

The couple later went into the garage and listened to the dying man plead for help. Then they went back inside the house.

Mallard told the women they waited until the man died a couple of days later, then Terrance and his brother dumped the body in Cobb Park, southeast of downtown Fort Worth.

Here is the thread where that came from:

06-22-2003
Windshield case: Was it murder?
(Chante Mallard Murder Trial)


45 posted on 06/27/2003 11:11:01 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
Several news reports says that Biggs lived for two days after being struck. After the trial we now know that was wildely inaccurate. In fact, Biggs' body was found in a park only one day after he was struck, so how it the world could he have still been in her garage?

From testimony at the trial, the AP reports today:

Toxicologist Testifies in Windshield Case

[...]

Biggs' battered body was found in a park the day after he was hit. Mallard's friend Clete Deneal Jackson testified that she took him to her garage about six hours after she hit Biggs. He said he removed Biggs' body that night and, with the help of his cousin Herbert Tyrone Cleveland dumped it in the park.


46 posted on 06/27/2003 11:18:24 AM PDT by clamboat
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To: clamboat
Yipes!! You mean the media lied? Never say it is so. My last illusion has been dashed.

That's all besides the point. She hit the man, did not seek aid, disposed of him in a park and destroyed the evidence.
47 posted on 06/27/2003 11:36:49 AM PDT by Jaded (But I tell you: Love your enemies and pray for those who persecute you. Mat. 5:44)
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To: clamboat
Yep, that's right. The judge put on a gag order to stop the flow of information from the folks in the inner circle.
48 posted on 06/27/2003 12:02:44 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: MeeknMing
Thanks Meek for your reply.
Karen
49 posted on 06/27/2003 12:12:20 PM PDT by oreolady ( George Bush in a uniform is magnificent! (George in ANYTHING is Magnificent))
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To: MeeknMing
Closing arguments now .
50 posted on 06/27/2003 12:19:13 PM PDT by MEG33
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