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Hall v. State8/22/2005
nse during the guilt phase of the trial were Morris Forester and Jeffery Scott Green. Forester and Green had been drinking with the defendant in the early evening of April 16, 1991. The trio consumed about two and one-half cases of beer and were intoxicated. Forester went to bed around 10:30 p.m. and did not see the defendant thereafter. Green recalled seeing the defendant between 10:30 and 11:00 p.m. Because he knew the defendant was intoxicated and unable to drive, Green tried to persuade the defendant to spend the night at Forester's home. Eventually, however, the defendant left, and neither Green nor Forester saw him again until after the murder.
The defendant also testified in his own behalf. According to his testimony, he and the victim began living together in January of 1986, when he was eighteen and she was sixteen years old. Even though the victim moved out in March of 1991, they continued to see one another after the separation. The defendant said he was upset by the separation, and as a result, had been drinking and smoking crack cocaine. On the day of the murder, [the defendant] and Green went directly to Forester's house and began drinking beer. At one point, [the defendant] left and obtained a hammer at a pawn shop. After attempting to call the victim several times, without success, [the defendant] returned to Forester's home about 6:30 p.m. or 7:00 p.m. and continued drinking.
[The defendant] consumed approximately one case of beer, then left Forester's home, taking with him five more cans of beer. After purchasing another six cans of beer, [the defendant] drove to the mobile home he had shared with the victim and destroyed some of her possessions because he was angry with her for not coming home. [The defendant] left the trailer after a short time and took with him a two-quart tea jug [that] he intended to use to burn the victim's car. Searching for the victim and her car, [the defendant] drove by her work place, her grandmother's house, and several bars, but he did not find her. [The defendant] was threatened by the victim's uncle and a second man whom he did not know when he drove by the victim's grandmother's house. Thereafter, [the defendant] stopped at a service station, filled the tea jug with gasoline, and purchased a cigarette lighter. [The defendant] removed paper towels from a dispenser near the gas pumps, placed them in the opening of the tea jug, put the container in his car, and returned to the area near the victim's grandmother's house.
As [the defendant] was preparing to leave the neighborhood, he encountered the victim as she drove up in her car. According to [the defendant], he left his car and entered the victim's car on the driver's side to talk. [The defendant] asked her to move back in with him and told her that he was drunk and needed her. He asked the victim if she was pregnant and told her that she could not have another abortion. Finally, [the defendant] questioned why he had been blamed for the earlier burnings of her car. An argument ensued. The victim called the defendant a "crazy S.O.B.," and told him to turn himself into the authorities.
At that point, [the defendant] got out of her car and told the victim to do likewise because he was going to burn it. When the victim tried to lock the door, [the defendant] reached inside the car, grabbed the keys, threw them towards his car, and ordered the victim to get out of her car. [The defendant] then ran to his car and grabbed the jug of gasoline. He ignited the paper towels and threw the jug into the driver's side of the victim's car. The defendant knew the victim was lying in the front seat crying when he threw the gas bomb into the car.
According to the defendant,
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