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Public comment / Media inquiries: If you need information on how to contact Tina Boyer in prison or psychologist-author William Roll, please email me. Supporters of Ms. Boyer who are familiar with the evidence are available to give quotes in response to the prosecution side. If you are a member of the public and wish to contact the Georgia Board of Pardons and Paroles by mail, phone, or email to express your opinion and concern about this case, there is a contact page on the Board's website. Be sure to include the following: Christina Boyer, Case #336633. The Georgia Board of Pardons and Paroles officially denied Christina Boyer a pardon or parole in her recent mandatory review as required by Georgia law (2007, but not decided until spring 2008), despite the evidence available to Board members below that exonerates her. The Board has instead recommended the next review consideration be for 2012. If you are a member of the news media and would like a press release from her supporters on the action, please email me. James A. Conrad Update: Tina Boyer's attorney Richard D. Allen, Jr. died of a massive heart attack on March 2, 2009 at age 63. A former Georgia prosecutor himself, he was working below fee to help get Boyer released because he believed in her innocence. She is now without formal legal representation and relying solely on citizen activism. Recent Georgia newspaper article on the legal case: Carroll Star News, January 20, 2008. |
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Christina Boyer has been in jail / prison in this case since the age of 22. She was officially arrested on April 16, 1992 (the date the arrest warrant was issued), but had been in custody since April 14, 1992. She was sentenced the day after her 25th birthday on October 24, 1994. She will be 40 on October 23, 2009. This count-up clock from April 14, 1992 requires your computer being set to the correct date and time. |
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For the record, including future historians researching this case, here are some of the names of people involved: Tina/Christina Boyer...Age 22 on April 14, 1992. Full name: Christina Elaine Boyer. Maiden name: Tina Resch. OFFICIAL CURRENT PRISON INFO Amber Gail Bennett....Boyer's only daughter, age 3. Bennett is the last name of one of Boyer's divorced husbands, but has no biological relation to Amber. David Herrin....Boyer's new boyfriend of less than two months in early 1992 and babysitter of Amber when she died; age 29 on April 14, 1992. Scheduled release from prison: April 14, 2012. Full name: David Paul Herrin. OFFICIAL CURRENT PRISON INFO Jimmy D. Berry....Boyer's court-appointed Georgia attorney in the early 1990s. Also known as Jimmy Berry and Jim Berry. COURT TV MINI BIO Richard D. Allen, Jr.....Boyer's attorney during her parole consideration in 2007/2008. He was a former prosecutor in Georgia and believed that Boyer should never have been arrested. He died of a heart attack on March 2, 2009. OBITUARY. Superior Court Judge William F. Lee, Jr.....The judge who sentenced Boyer and earlier heard court motions in both cases and set trial dates. He set Boyer's trial to begin on Halloween, October 31, 1994. He is a former District Attorney for the Coweta Judicial Circuit, the same job that the District Attorney who prosecuted Boyer held and still holds. PHOTO and CONTACT INFO. Superior Court Judge Dewey Smith....The judge who presided over the trial of David Herrin. He retired on Dec. 31, 1996 and died on September 29 2001 of Parkinson's disease. OBITUARY. (D.A.) Peter J. Skandalakis....The Georgia District Attorney for the Coweta Judicial Circuit District who prosecuted Christina Boyer's and David Herrin's cases. According to a Times-Georgian newspaper article, he was age 36 in July 1992. He was first elected to office in 1992 after serving less than a year as interim D.A. when the then current District Attorney retired. He ran unopposed both in 2004 and 2008. In the 2004 election, he switched his political party affiliation from Democrat to Republican. Also known as Peter Skandalakis or Pete Skandalakis. Quoted also in local newspaper articles on the case (sampling): May 27, 1992 Times-Georgian, District attorney considers seeking death in abuse case by Mark Griggs Jr: "'I will be reviewing the file and all the evidence and a decision on whether to seek the death penalty will be made when the investigation is complete,' said Pete Skandalakis, District attorney for the Coweta Judicial Circuit." / Ocober 25, 1994 Times-Georgian, Boyer pleads guilty, gets life plus 20 by Mark Griggs Jr: "Boyer would be eligible for parole on the felony murder charge in seven years, but Skandalakis said he does not expect her to be out of prison any time soon." PHOTO and CONTACT INFO. Newspaper articles: Times-Herald April 13 2008, Times-Herald August 10 2008. Anne Allen....Assistant District Attorney in the Carroll County D.A. Office (one of the D.A. Offices in the five counties covered by the Coweta Judicial Circuit District). She helped prosecute Christina Boyer's and David Herrin's cases. Also known as Anne C. Allen. She is still the Assistant District Attorney there today. The crime occurred in Carroll County, so her office in the District was heavily involved in the investigation, indictments, and prosecution. Quoted also in local newspaper articles on the case (sampling): April 14, 1994 The Times-Georgian newspaper, Child's death remains unresolved after two years. Suspects will be tried separately by Mark Griggs Jr: "... Amber was buried in the Easter dress her mother had bought her. Assistant District Attorney Anne Allen, a new mother of twins, has kept the case in her mind. 'There's not a day that goes by I don't think about this case in some regards,' she said. 'The last two years, this case has been on my mind. I'm looking forward to a trial date on this. 'Of all the cases I've ever handled, this is the only one I can tell you the date it happened. I remember it to the day - April 14,' Allen said. / May 26, 1999 The Times-Georgian newspaper, Parole denied for woman convicted in child's death by Ian Bishop: "Assistant District Attorney Anne Allen assisted District Attorney Pete Skandalakis in the case. ... Allen and the others of the prosecution team were active in blocking Boyer's parole bid." Jack Bell....Sheriff of Carroll County, Georgia; age 61 in April 1992. Re-elected to office in 1992. Was the Chief of Police of the City of Carrollton before becoming Sheriff. Retired as Sheriff in 1996 and was elected to the Carroll County Commission, where he served as Chairman until he retired from that position in 2001. He died on May 21, 2004 at age 73 in a bizarre accident when he climbed down from a large County mowing tractor he was operating and it suddenly kicked into gear and ran over him. OBITUARY. (M.E.) Steven F. Dunton....Medical examiner who performed Amber's autopsy and was the State's chief medical witness. At the time, he was also a board-certified pediatrician with children of his own and a newborn on the way. He also had experience as an emergency room physician. Kenneth W. Krontz....Herrin's court-appointed attorney. Jeannie Lagle....The psychologist whose home Boyer was at working on a book manuscript when Amber died at Herrin's trailer, about a 20 minute drive away. Ms. Lagle was one of the researchers in Chapel Hill, South Carolina who assisted Dr. William Roll in the investigation of Tina's telekinetic past when Tina was a teenager and visited there to be studied. Mentioned in the book Unleashed. She has a masters degree in psychology. In the court transcripts below, the court reporter misspells her name as "Jennie." Det. Captain Mike Bradley....City of Carrollton police detective who questioned Christina Boyer and David Herrin on the night of April 14, 1992. Det. Lieutenant Mike Thomas....City of Carrollton police detective who questioned Christina Boyer and David Herrin at the hospital and police station. Dep. Wren Culver....Carroll County female Sheriff's deputy who questioned Christina Boyer and David Herrin on the night of April 14, 1992, along with other law enforcement officers. Herrin's rented mobile home (also called a trailer) was located outside the city limits of Carrollton in Carroll County, so there was overlapping jurisdiction of the case. She was also the arresting officer in the case. She swore out the affidavit that was presented to a Judge Magistrate on April 16, 1992, who then issued the arrest warrant for Tina, who was already being held in the County jail. Wren Culver reportedly left the Sheriff's Department in 1997. Kathy Carswell....David Herrin's ex-wife; testified at his trial as a character witness. Mother of Ashley, Herrin's own three-year-old daughter who sometimes played with Amber when Herrin had weekend custody. Herrin's daughter was not visiting on the day Amber died. W.A. Robinson....Court-certified polygraph examiner. The Court paid for Boyer's polygraph examination. William Roll....Author, Oxford University-educated former Professor of Psychology and Psychical Research at the State University of West Georgia (West Georgia University) in Carrollton, Georgia. He has a Ph.D. degree in psychology and researched Tina's case in 1984 and thereafter. He co-wrote the 2004 book Unleashed Of Poltergeists and Murder: The Curious Story of Tina Resch. He has authored several additional books and more than 200 science articles. Jury members in Herrin trial....The names of the jurors are not known. Grand Jury members who authorized the indictment of Boyer....The names of the jurors in the grand jury, which is a secret process, are not known. Georgia Board of Pardons and Paroles....The Board members and some of the Board employees involved in Boyer's case:
Board of Pardons and Paroles regulation (from the Board's website):
The murder, aggravated assault, and child cruelty trial of David Paul Herrin began on Monday, January 30, 1995 in Carrollton, Georgia, United States, and ended the same week on Friday, February 3, 1995. Christina Boyer was brought to court and testified on the first day. Of special interest below is the testimony of the State's chief witness, the medical examiner (highlighted in blue) Steven Dunton. Three-year-old Amber Gail Bennett spent the last six hours of her life alone with 29-year-old David Herrin and the medical examiner's testimony establishes that the fatal head injury occurred within 30 minutes of her becoming deceased. Christina Boyer left Herrin's rented trailer home with Amber alive at approximately 12:40-12:45 pm to go work on the manuscript for a book (about her earlier life experiences as a teenager being researched by science) at the home of psychologist Jeannie Lagle. She arrived back at the trailer around 6:30 pmnearly six hours laterand found her daughter dead in Herrin's bed. Boyer was not present when the fatal injury occurred, was not notified of her daughter's critical condition by Herrin until after her daughter had died, and yet was arrested, convicted, and sentenced to life in prison for not getting her daughter medical treatment for the fatal injury that resulted in her death. David Herrin's attorney, Kenneth Krontz, has him admit early in his testimony that he was engaged in criminal activity for his employers before he was fired on April 10th, four days before Amber died. He drove heavy delivery trucks for three companies throughout the southeast without the necessary commercial driver's license. (2 quotes): Herrin: I was driving illegally for Mr. Tidwell for approximately -- since the first of the year, first of '92. David Herrin testimony at his trial, page 635, lines 19-21. Herrin: I was driving illegally for him. D.A. Peter J. Skandalakis: When you say Tidwell, do you mean Tidmore? Herrin: Tidmore. I call him Mr. Tidwell. It just shows you how good I knew him. I was driving for three different companies and it just seems like it was strange that he's the only one that complained about me. Herrin testimony, page 672, lines 12-18. Herrin gets caught in a discrepancy about being fired from his job. Amber died on Tuesday, the 14th. (1 quote): Herrin: See, I was laid off before then and you know that. I was laid off, fired, terminated, however you want to define it. D.A. Peter J. Skandalakis: You were fired on Friday, the 10th. Herrin: Terminated. D.A.: But you told the police you were laid off. Herrin: Well, that was a mistake. I meant terminated... Herrin testimony, page 671, lines 14-20. Herrin and his attorney attempt to influence the jury in their favor by portraying 29-year-old Herrin as a regular guy, a good ol' boy. Here he is questioned by his attorney and responds as if following a script. In the first quote, he is discussing going job-hunting on the morning of Amber's death and refers to attending the special occasion of Easter church services that upcoming Sunday. He unfortunately chose to pay for cable TV service for his trailer instead of a telephone. (3 quotes): Krontz: Did you get a job? Herrin: Well, it was fill applications out and they'd get back to me. I don't have a phone so I give them my mom's phone number and address and if they got ahold of her, I'd see her on Sunday at church and we'd straighten it out then. Krontz: Okay. You didn't have a phone in your trailer? Herrin: No, sir. I couldn't afford one at the time because I'd gone through bankruptcy. Krontz: What time did you go back to the trailer? What time did you get back? Herrin: Probably, it was between 10:30 and 11:30. I didn't look at my watch. I just knowed it wasn't after twelve, I know. Herrin testimony, page 655, line 25; continued page 656, lines 1-12. Herrin: I went into the living room, changed channels, want to say a pre-recorded race was on t.v. I've been into NASCAR for -- Krontz: Did you drink a beer and fall asleep in the chair? Herrin: I believe I did. I don't think I even finished the beer as a matter of fact. Herrin testimony, page 663, 10-16. Krontz: How long were you in the military? Herrin: A little over two years. Krontz: In the Army? Herrin: Yes, sir. Herrin testimony, page 672, lines 12-18. Herrin saw no bruises on Amber on April 9th, the day before he was fired. A maintenance man at Boyer's apartment also testified that he saw no bruises on her the ninth. She died on the 14th. (1 quote): Herrin: On the 9th I don't recall her having a bruise on her. Herrin testimony, page 702, lines 9-10. Mr. Herrin on giving his three-year-old daughter baths when she visited and unusual fondness for taking baths himself (3 quotes): Herrin: I mean like Ashley, I give her one once a day. It's like when I take one, I'll take one once a day and sometimes twice. Herrin testimony, page 652, lines 20-22. Mr. Herrin makes a joke at Amber's expense. (2 quotes): D.A. Peter J. Skandalakis: ..I still want to understand how you put this little girl in a tub to bathe herself... I want to know what she was doing in that tub by herself. Herrin: Well, I mean, surely you didn't want me to get in the tub with her. D.A.: That's funny. That's really funny. You know. Herrin testimony, page 690, lines 17, 19-23. D.A. Peter J. Skandalakis: Your Honor, the State would move to admit into evidence State's Exhibit #36 identified by Mr. Herrin as the bathtub in his house. Herrin testimony, page 710, 20-22.
Mr. Herrin and Amber drive back 1-1/2 hours alone in the rain on Sunday, April 12th after dropping his daughter off. While driving, he remembers Tina's instruction to stop and get medicine for Amber: (1 quote): Herrin: It took a little bit longer than normal to get home but we went back and Christina reminded me to stop by some drug store and get some more children's Tylenol, some elixer or something for Amber's fever and so I stopped by the one right there off of Highway 5... Herrin testimony, page 649, lines 24-25; continued page 650, lines 1-4. Tina testifies as to Amber's fever and her medical treatment given: (1 quote): Tina: David had the flu a couple of days some time during the week and Amber seemed to have caught it. She had diarrhea. She had a slight fever. D.A. Peter J. Skandalakis: And that was on the 11th. Tina: Yes. D.A.: On the 12th, which would have been a Sunday, did you notice any more bruising on the child? Tina: No. D.A.: How about the diarrhea or fever? Tina: I can't remember exactly what day it cleared up. She seemed to have no more diarrhea and the fever went away. I had given her Tylenol for it. Tina Boyer's testimony at Herrin trial, Jan 30, 1995, page 341, 21-25; continued 342, lines 1-7. Boyer testifies that she saw Amber fall on her plastic big wheel tricycle on Saturday April 11th. (1 quote): D.A. Peter J. Skandalakis: Do you recall giving the police a statement and I'm talking about on that Saturday, of how the child received injuries, other than the fall from the steps, step? Boyer: Other than the -- no, except playing in her toy box and a big wheel in the house. D.A.: That's what I'm talking about. Boyer: Yes. D.A.: What about the big wheel? Boyer: She was playing on her big wheel and it toppled over. D.A.: And how do you know that? Boyer: Because I was sitting there watching her. D.A.: You saw that? Boyer: Yes I did. D.A.: That's all. Krontz: Nothing further. Thank you. The Court: You may go down. (Witness withdraws from courtroom.) Tina Boyer testimony at Herrin trial, Jan 30, 1995, page 346, lines 3-10. |
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Medical examiner Steven Dunton comments on the fatal head injury at Herrin's trial. Dr. Dunton was also a pediatrician and an emergency room physician familiar with child injuries. Amber was alone with Herrin for about the last six hours of her life. Boyer left Herrin's rented trailer home to go to psychologist Jeannie Lagle's home to work together on her autobiography approximately 12:40-12:45 pm and arrived back at the trailer around 6:30 pm. Amber was alive when Boyer left, deceased when she returned. In the testimony below, medical examiner Dunton is referring to Amber's death as a result of an acute subdural hematoma, in which symptoms occur rapidly after a head injury, as opposed to the subacute or chronic kind, in which slower bleeding is involved. Herrin described Amber being "as happy as could be" watching cartoons, talking, eating various meals, and playing indoors and outdoors throughout the day while alone with him for nearly six hours, which would be inconsistent with a child suffering from an acute internally bleeding head injury. A child's skull has less space between the brain and skull than an adult and blood collects and presses against the brain more rapidly. The District Attorney and judge chose to disregard the medical examiner's evidence that gave Boyer an alibi. (5 quotes): District Attorney Peter J. Skandalakis: ...Doctor, in your opinion, what was the cause of death of this child? Medical examiner Steven Dunton: Primarily it was the blunt force trauma she received to her head. Medical examiner Dunton testimony, page 432, lines 4-7. M.E.: ...it's hard to conceive that there would be any significant period of time following such an injury that the child seems perfectly fine and then later the symptoms kick in. That's just not the way it happens. Either there's going to be injury and then starting a very slow deterioration of her consciousness and her activity and her appetite, etc. or beginning with the injury there may be very rapid decrease in those symptoms but there is not going to be a long period of normalcy. Medical examiner Steven Dunton testimony, page 461, lines 20-25; continued page 462, lines 1-3. M.E.: As I said before, the symptoms should begin immediately, but they may be very slight and they may deteriorate slowly and then rapidly at the very end, or they may deteriorate very rapidly from the onset, but the symptoms are not going to commence hours after the injury. Medical examiner Steven Dunton testimony, page 462, lines 23-25; continued page 463, lines 1-3. M.E.: ...I sincerely doubt that the lethal injury was inflicted three or four days prior to her death. Medical examiner Steven Dunton testimony, page 439, lines 15-16. D.A. Peter J. Skandalakis: And, Doctor, what would we expect to see, behavior wise, out of a child that had that type of injury? In other words, what outside symptoms would there appear to be in a child's behavior who had that fatal injury? M.E.: If a child has received this kind of force to the brain, that's going to result in a subdural hematoma and eventual swelling of the brain. At the very beginning, right after the injury, there may be a short period of time and I mean very short, some minutes, I doubt as long as 15 or 30, where the child might seem perfectly fine. On the other hand, and probably the more frequent occurrence is that after such force is applied to the brain of a child immediately there's something wrong. If they're not completely unconscious then they may be groggy, unsteady on their feet, sleepy. Other symptoms might include nausea and vomiting, difficulty walking and as time goes by, if they survive for an interval of time, they may be unconscious completely at that point, completely comatose or even deceased. As I said, there is some variability in how fast this happens, but nonetheless, from the point of injury to the point of death, the symptoms are progressive, that is, they're not: everything's great for a while and everything's perfectly normal and then all of a sudden the symptoms kick in. They may be very mild initially and they may deteriorate slowly but there's going to be some gradual or more abrupt change. D.A.: Would you expect a child who has sustained these type of injuries to have been playing let's say two hours beforehand? M.E.: Before... D.A.: Death. M.E.: Before death and after injuries are received? D.A.: Yes. M.E.: Well, it might depend on what playing means. Once again, motor activity, coordination, degree of consciousness, those are all going to be variables so it might depend on what their activity is. Medical examiner Steven Dunton testimony, page 447, lines 16-25; continued page 448, lines 1-25; continued page 449, lines 1-5. Herrin is questioned by the police about Amber's activities on April 14th during the approximately six hours she was alone with him while Boyer was at psychologist Jeannie Lagle's house. Where Herrin says "my little girl" he is referring to his own three-year-old daughter with his ex-wife, neither of whom visited that day. (1 quote): Tape-recorded statement given by Herrin to police on the night of April 14, 1992: Det. Lieutenant Mike Thomas: Okay, what about today? Herrin: This morning I had to go down to the unemployment office and do some running around. I got back around ten thirty or eleven o'clock and Amber was already up and watching cartoons and eating and Christina, she was still asleep and, well no, she was just getting up when I come in. I don't know if she heard me or what but as she got ready and she went to... (inaudible) one o'clock or little after one she went to Jenny's house to work on her computer and usually around one, one o'clock, one-thirty Amber usually takes a nap, you know, so I tried to put her in bed and take a nap and she just, you know, kept getting up so, you know, it was useless trying. I figured she wasn't tired and the way she'd been feeling lately I just figured not to push it. ... Det. Thomas: Anything else unusual about her? She complaining about anything? Herrin: Well, she, well she was, you know, she was having diarrhea, but no she really didn't complain and not a bit, I mean, she got up, ate a bowl of cereal, done good, watched cartoons and acted like, you know, normal. ... I couldn't get her back down for a nap. We got up and I went ahead and fed her lunch, she, Amber had a salad. Det. Thomas: You say "We got up." Did you lay down with her? Herrin: Oh, no sir, no sir, I mean, it's just a figure of speech, but she, I mean, she got up, I let her watch t.v. She ate a peanut butter sandwich, drunk milk and played with my little girl's toy box, got a bunch of toys, and I then took her outside to play. Outside, she's got a little three-wheeler she rides on and I was laying outside in the lounge chair and I was there for, seemed like an hour or so 'cause it was getting pretty hot, and then I took her back inside and then give her something to drink. She snacked, watched some cartoons, and around, let me think, I want to say either three-thirty or four o'clock, I noticed she was getting where she was staggering around, you know, eyes were, getting sleepy was what I figured. INTERVIEW 4-14-92 AT 2300 HRS. Audiotape-recorded interview of David Herrin conducted by the Carrollton Police Department on the night of April 14, 1992. Herrin testifies about Amber's activities on April 14, 1992 (1 quote): Attorney Kenneth Krontz (attorney for David Herrin): What did you and Amber do that day? Herrin: ... She played, watched cartoons. I just had got cable and had Nickelodeon and she was tickled to death to have 24 hours a day, seven days a week cartoons because she'd never had it before. She'd never really had a t.v. that would pick up more than one channel over at her place and in color so she was just as happy as could be, sat right in front of the t.v. and she'd ask for something and I'd get it for her. It's that simple. She wanted to go out and play out in the yard which is no problem. It's a nice day. I pulled a lounge chair out there. I said, "just stay out in the front yard." The trailer sat on a good size lot. There was nobody else around except for the horses and cows across the field and she played and played until it got to a certain point where I was starting to sweat. It was getting warmer and I took her inside. Krontz: Could you see anything wrong with her at that point? Herrin: Just that she was getting drowsy, you know, which she hadn't took a nap. I'd lay her down in the floor and I said, well, maybe it's a little too early and she was getting restless and, you know, because she didn't want to lay down. So I didn't push it, I never have with my daughter and I ain't gonna do it with your daughter or his daughter or anybody else's daughter. If they don't want to go to bed, as far as I'm concerned, they don't have to go to bed and so I just let it go until she started rubbing her eyes, drowsiness. I could tell by the way she was walking she was getting tired. Krontz: Did you see anything any different from when she got tired in the past? Herrin: No, she basically acted the same. My daughter gets the same way. When she gets tired she rubs her eyes and, you know, it's a sign, you know, it's time. Herrin testimony, page 660, lines 2, 7-25; continued page 661, lines 1-14. From the Indictment: Count number three charges you with the offense of murder. It charges that Christina Boyer in Carroll County, Georgia, on the date of on and between April 10th, 1992 and April 14th, 1992 did then and there unlawfully cause the death of Amber Bennett, a human being while in the commission of a felony to wit: cruelty to children by maliciously causing Amber Bennett a child under the age of eighteen cruel and excessive physical pain by failing to seek proper medical attention for Amber Bennett, contrary to laws of this State, the good order, peace and dignity thereof.(Boyer was convicted and sentenced to life in prison for the above, despite taking her daughter to the nearest hospital's emergency room when she arrived back at the trailer of David Herrin (who did not own a phone) and learned of her daughter's unconscious condition for the first time from Mr. Herrin.) |
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A discrepancy by Herrin and his ex-wife Kathy Carswell about Amber's meals on the day she died. (1 quote): D.A. Peter J. Skandalakis: Shortly after your arrest you talked to your wife, is that right, your ex-wife? Herrin: Yes, I talked to her quite frequently. D.A.: You told your wife you tried to get Amber to eat something and Amber refused. You heard her testify here today, correct? Herrin: Yes. D.A.: But you told the police Amber had cereal in the morning, a salad at lunch, a peanut butter sandwich, a drink, and all that occurred from the time you first told the police and all this was about a week or two later. Do you have any explanation for the difference in the child not eating at all to all of a sudden she had all those things to eat? Herrin: Like I said, I tried to get her to eat something. D.A.: You tried. Herrin: Like I said, I tried several different things. Herrin testimony, page 687, lines 9-24. Herrin gets caught in a discrepancy about finding Amber unconscious. (1 quote): D.A. Peter J. Skandalakis: You told the police that you checked on her every so often and you kept going back in and checking on her after she went to sleep. Is that right? Herrin: Yes, sir. D.A.: She was moving her feet and you were checking on her back and forth. Is that right? Herrin: Rolling over and -- D.A.: Rolling over and -- but you told your wife you took a nap. You told your wife from 4:30 until about 6:00 you didn't check on her once and that's just a week after the child died. Which one is it? Herrin: Well, I know I checked on her. Herrin testimony, page 691, lines 19-25; continued page 692, lines 1-5. Herrin's actions after finding Amber lifeless in his daughter's bed where he claimed he put her for a nap. The "Jenny" in the transcript is the court reporter mishearing the D.A. pronounce Jeannie Lagle's first name. (2 quotes): Herrin: When I first walked in the room, I noticed something was wrong because before when Amber sleeps she's always tossing and turning, kicking the covers off. The covers were up on her. Her right arm was hanging off the bed and she was as pale as a ghost. Krontz: What did you do? Herrin: I basically freaked out. I panicked. I run over there, shook her, called her name out I don't know how many times, got mad at Christina for leaving me in this kind of situation. Krontz: Did you try to get help? Herrin: Yes, sir I ran ... I run up the street, bare footed, a pair of shorts and a tee shirt. I run up the street, I don't know how far it is, a quarter of a mile, maybe not that far, cut across a yard. ... I run straight up on her and told her, "I'm having a problem with my girlfriend's daughter. She won't wake up. I need to use your phone." Krontz: And why didn't you call 911? Herrin: For some reason it didn't even cross my mind. Herrin testimony, page 665, lines 8-23, continued page 666, lines 1-3, 5-9. Krontz: So you called Jenny? Herrin: She told me that Christina had been gone, she should be there any minute so I said I better get down there before she rides up and freaks out. Herrin testimony, page 666, lines 15-18. Two versions of the same story regarding Boyer's return to Herrin's trailer and finding Amber lifeless. Boyer gave her version on the stand first, with Herrin sitting listening in the courtroom. After Boyer testified, she was escorted back to prison and was not in the courtroom during anyone else's testimony. Herrin's car was a Chevy Impala. Boyer was about a 15 minute drive away at Ms. Lagle's house. The court reporter mistakenly wrote Jeannie's name as Jenny here and elsewhere in the transcripts. Boyer first answered a question from District Attorney Skandalakis about what time she left the trailer that morning. (2 quotes): Boyer's version D.A. Peter J. Skandalakis: About what time did you leave? Boyer: About twenty till one. D.A.: And what were you doing at Jenny Lagle's house? Boyer: Working. She was paying me to write. D.A.: And what kind of book were you writing? Boyer: Supposedly a -- I don't know what you'd call it, I guess an autobiography. D.A.: What time did you get back home? Boyer: About 6:30. D.A.: And what, if anything, happened when you got back home? Boyer: When I arrived home, I pulled up in the driveway and David came out on the porch and headed down the stairs and I opened up the door and asked him "what" and he said that he couldn't get Amber up. He said, "I can't get Amber up" and at that point, I jumped out of the car and I went in the house and I went in the room, and Amber was lying there, and I put my head down on her chest to see if she was breathing, and she wasn't breathing, and I yanked the covers back and I picked my daughter up and we went out to the car. D.A.: What did you do then? Boyer: We were driving -- David drove me to the hospital. Tina Boyer testimony at Herrin trial, Jan 30, 1995, page 299, lines 21-25; continued page 300, lines 1-19. Herrin's version Krontz: Did Christina pull up? Herrin: Yeah, I heard her coming up on the gravel driveway. I hollered out, run out of the room, run out of the trailer, run up to the car. She's sitting there lost in her own little world, eyes closed, radio wide open, singing up a storm. She was in her own world to the extent that she did not even notice me standing right next to the car. Krontz: What did you do? Herrin: I snatched the car door open and at that time she looked and smiled like, you know, "What's up" and that's when I told her she needed to get her ass out of the car, I cannot wake up Amber, we need to get her to the hospital. Krontz: What did she say? Herrin: Well, she had some kind of expression on her face, but she jumped out of the car. I don't remember exactly what she said, if she said anything until she got in the house, and then she snatched Amber up. I knew she was in no condition to drive, so I drove. Herrin testimony, page 667, lines 5-22. A discrepancy in which Herrin offers the jury an incident of alleged child abuse by Boyer. (2 quotes): Herrin: ...it wasn't time to eat and one time she slammed the refrigerator door on Amber's hand when she was trying to pull some kind of fruit or something out of the refrigerator. Krontz: Did she do it by accident? Herrin: No, sir. It was no accident. Herrin testimony, page 641, lines 1-3. Autopsy Report: "X-rays of the entire skeletal system do not reveal any recent or old fractures or any other significant bony abnormality. ... This is the body of a well-developed, well-nourished white female child measuring 39 inches in crown-heel length and 19 inches in frontal-occipital circumference. The weight of the child is approximately 30 pounds." Autopsy Report of Amber Bennett, Medical examiner Steven F. Dunton, April 15, 1992, 8:00 a.m. begin. Boyer is questioned by Herrin's attorney about her telekinetic past and the book she was writing with her psychologist friend Jeannie, who was one of the researchers who investigated her when she was 14. The book on Boyer was never finished. Historical Note: I believe this is the first trial in world history in which someone on a witness stand was asked to perform telekinesis in a courtroom in front of a jury: Krontz: What's there about your life that would justify, I mean before Amber died, and maybe there's something that justifies it now, but, what is there about your life at that time that justified an autobiography? I mean, what's special about you? Boyer: In my opinion, nothing. The book was -- when I was fourteen very many unexplainable events happened in my home concerning my home that year and it attracted a lot of media attention and I went to conferences and all types of things so we were writing about everything that had happened. Krontz: Are these the telekinetic powers I heard about? Boyer: If that's what you want to call them, yes. Krontz: Is that the ability to move things, move physical objects with only your mind? Boyer: That's what I'm told. Krontz: Is that what you did back when you were fourteen years old? Boyer: I don't know what happened when I was fourteen years old. All I know is that my whole life was chaotic and it was very traumatic and I can't explain anything that had happened. I don't know. Krontz: Things moved around in the room when you were sitting there. Is that right? Boyer: Yes, sir. Krontz: And somebody told you or you think that your brain caused those things to move. Boyer: I've had very many different opinions as to why those things happened. Krontz: Do those things still happen to you? Boyer: No, sir. Krontz: So you can't move things anymore? Boyer: No, things don't happen around me anymore. Krontz: Okay. So you can't move the little yellow marker that I've put up there? Boyer: No, sir. Krontz: Well, during this cross examination feel if the spirit moves you, Ms. Boyer. Tina Boyer's testimony at Herrin trial, Jan 30, 1995, page 320, lines 21-25; continued page 321, lines 1-25; continued page 322, lines 1-7. Herrin comments on Boyer's telekinetic past and a lecture/question-and-answer appearance she was scheduled to make on Sunday, April 12th, in Atlanta, Georgia with Jeannie Lagle two days before Amber's death: Krontz: Let's talk about Sunday. What did y'all do on Sunday? Herrin: Sunday. We stayed around the house for a good part of the morning, slept late. I know I slept late, not real late. I got up and Christina had been talking about a presentation she was going to have to make. Krontz: What kind of presentation? Herrin: Something to do with telekinetic -- Krontz: That business where she used to move things around, with her mind? Herrin Yes, sir. She brung it up several times to me and I've been to see magicians, David Copperfield, you know, people like that, illusions is what I call it and I wanted to see her move something but to my knowledge she has never moved nothing. Krontz: Is that what the counselor was all about? Herrin: To my impression, yes. There were several notes left in my car. She wanted me to read them but I never had a chance to read them that had something to do with her past and here in Georgia and some other people involved. I don't know because I never did read it. It's just what she has told me. Herrin testimony, page 647, lines 22-25; continued page 648, lines 1-18. Boyer's indictment is shown to the jury by Herrin's attorney and Boyer explains why she pled guilty. (2 quotes): The Court: Cross examination, by Mr. Krontz: Krontz: So you thought your lawyer wouldn't fight for you, when you went to court? Boyer: Yes. Krontz: Your lawyer was Jimmy Berry, is that right? Boyer: Yes. Krontz: Do you know that he's one of the lawyers in Cobb County in the Fred Tokar's case? Boyer: Yes, I do. Krontz: Do you know that he is a renowned death penalty defense lawyer in Georgia? Boyer: Yes. Krontz: Your Honor, I have for identification purposes Defendant's Exhibit #1 which is a certified copy of the indictment against Ms. Boyer and her sentence. I would tender that into evidence at this time. D.A. Peter J. Skandalakis: No objection, your Honor. The Court: Let it be admitted. (Whereupon Defendant's Exhibit #1 was offered and admitted into evidence.) Krontz: I would ask for the opportunity to exhibit this document to the Jury at this time, your honor, since it's been admitted. D.A.: No objection, your honor. The Court: Let it be presented to the jury for their observation. Krontz: Ms. Boyer, you pled guilty to aggravated battery, did you not? Boyer: Yes, but I didn't want to. Krontz: Well, I know you didn't want to. Boyer: Because I did not beat my child. Herrin testimony, page 318, lines 1-25; continued page 319, lines 1-8. Krontz: And because you entered a guilty plea to aggravated battery for which you received a sentence of twenty years and you pled guilty to felony murder for which you received a mandatory life sentence, right? Boyer: Yes, sir. Krontz: And because of that you did not face the death penalty, right? Boyer: Yes, that's why I did it. Krontz: You were afraid of the possibility that you could someday be put to death for killing your child? Boyer: Yes. Krontz: Part of the deal so that you didn't have to get strapped into the electric chair someday -- Boyer: Yes, I didn't want to be strapped in for something I didn't do. Krontz: But you're willing to spend life plus twenty for something you didn't do? Boyer: I don't want to die for something I didn't do. Herrin testimony, page 319, lines 22-25; continued page 320, lines 1-14. Herrin's last words at his trial. (1 quote): D.A. Peter J. Skandalakis: You and Christina were the only ones that had that child for that four day period, correct? Herrin: Correct. D.A.: Can you give the jury any explanation on how in a four day period this child went from looking like this (shows defendant pictures) to like that and nobody did a thing? Herrin: No, sir. All I can tell you is that I did not do it. D.A.: That's all. The Court: Any further questions, Mr. Krontz? Krontz: No, your Honor. The Court: You may go down. (Defendant withdraws from witness stand.) Call your next witness, please, Mr. Krontz. Krontz: Your Honor, the defense rests. Herrin testimony, page 710, lines 2-17. Boyer's polygraph is mentioned by her attorney Jimmy Berry at her sentencing. (2 quotes): Berry: I would like to supplement the record with a copy of the polygraph report so that the Board of Pardons and Paroles will have that. The Court: We'll allow you to do that. Berry: And also a letter, Judge, outlining some of the fact finding information that I found in the case just for the Board of Pardons and Paroles because obviously now it's up to them to determine when she should be released. She is willing to testify about her knowledge and we would ask that that be made a part of the record as well. Anything and everything that we can do to help her as far as her earlier release we certainly would want to put on the record as far as that's concerned. Transcript of plea/sentencing proceeding, Oct 24, 1994, page 89, lines 7-19. Berry: My client has taken a polygraph test; W.A. Robinson who came down and administered the polygraph test under the rules and regulations that are promulgated by their group; in his opinion Ms. Boyer was truthful in her answers pertaining to the fact that she had inflicted any of the injuries at all. In looking through the case, in my opinion, as well, I felt that Ms. Boyer was not the one who inflicted the injuries, that David Herrin was. Transcript of Boyer's plea bargain/sentencing proceeding, Oct 24, 1994, page 92, lines 1-9. Versus CHRISTINA BOYER INDICTMENT NO. 92-CR-447 Charge: Murder Before THE HONORABLE WILLIAM F. LEE, JR., in Carrollton, Georgia. Transcript of the proceedings APPEARANCES OF COUNSEL: On behalf of the State: PETER J. SKANDALAKIS, District Attorney On behalf of the Defendant: JIMMY D. BERRY, ESQ. Edward Noriega OFFICIAL COURT REPORTER COWETA COUNTY COURTHOUSE NEWNAN, GEORGIA Hearing held on December 20, 1993 in Carrollton, Georgia: THE COURT: We're here in case number 92-CR-447, the case of the State of Georgia versus Christina Boyer. She is present in Court along with her attorney, Mr. Berry. Present also is Mr. Peter Skandalakis, the District Attorney of the circuit. The purpose of this hearing is for the arraignment of the defendant, Christina Boyer. Ms. Boyer, your name is Christina Boyer? MS. BOYER: Yes, sir. THE COURT: You are represented by Mr. Jimmy Berry, a lawyer who practices in Marietta? MS. BOYER: Yes, sir. THE COURT: Ms. Boyer, the grand jury of this County has returned a true bill indictment against you in which it charges you with a number of offenses. On count one of the indictment you are charged with the offense of murder, and that charge reads: the grand jury of this County charges that you, Christina Boyer, did on the date of on or April 10th, 1992 and April 14th, 1992 in Carroll County, Georgia, did then and there unlawfully and with malice aforethought cause the death of Amber Bennett, a human being, by striking Amber Bennett on the head and abdomen, contrary to the laws of this State, the good order, peace and dignity thereof. In count two of this indictment the grand jury charges you with the offense of murder and it says: said Christina Boyer in the County of Carroll, State of Georgia, on the day of on and between April 10th, 1992 and April 14th, 1992, did then and there unlawfully cause the death of Amber Bennett a human being while in the commission of a felony to wit: cruelty to children by maliciously causing Amber Bennett, a child under the age of eighteen cruel and excessive physical pain by repeatedly striking Amber Bennett, contrary to law of this State, the good order, peace and dignity thereof. Count number three charges you with the offense of murder. It charges that Christina Boyer in Carroll County, Georgia, on the date of on and between April 10th, 1992 and April 14th, 1992 did then and there unlawfully cause the death of Amber Bennett, a human being while in the commission of a felony to wit: cruelty to children by maliciously causing Amber Bennett a child under the age of eighteen cruel and excessive physical pain by failing to seek proper medical attention for Amber Bennett, contrary to laws of this State, the good order, peace and dignity thereof. [Comment: The above Count Three is the charge that Ms. Boyer pled guilty to in her Alford plea agreement with District Attorney Skandalakis on October 24, 1994. She was given a sentence of life in prison.] Count four charges you, Christina Boyer, with the offense of aggravated assault. In that count you are charged: in Carroll County, Georgia on the date of on and between April 10th, 1992 and April 14th, 1992 you did then and there unlawfully and maliciously cause bodily harm to Amber Bennett by seriously disfiguring a member of her body to wit: her pancreas, contrary to laws of this State, the good order, peace and dignity thereof. [Comment: Ms. Boyer also pled guilty to this charge, Count Four, that the medical examiner's testimony in the subsequent trial of David Herrin would prove to be false. She was sentenced to 20 years consecutive to her life sentence.] Count five charges you with the offense of cruelty to children. In count five you are charged that in Carroll County, Georgia, on the date of on and between April 10th, 1992 and April 14th, 1992 you did then and there unlawfully, maliciously cause Amber Bennett, a child under the age of eighteen cruel and excessive physical pain by failing to seek medical treatment for Amber Bennett, contrary to laws of this State, the good order, peace and dignity thereof. [Comment: David Herrin was found guilty only on this charge, Count Five, and was sentenced to 20 years. The District Attorney removed the death penalty possibility for his case prior to trial; not so with Ms. Boyer, who made her decision to plea based on the possibility of being put to death by the State by electrocution.] I have not read this verbatim, that is I have not read it word for word, I've paraphrased it somewhat. Do you have any objections to that, Mr. Berry? MR. BERRY: No, You Honor. THE COURT: You have been charged with all of these offenses by the grand jury of this County. How do you wish to plead to these charges, guilty or not guilty? MR. BERRY: Not guilty, Your Honor. THE COURT: All right. Do you have a copy of the indictment, Mr. Berry? MR. BERRY: Yes, we do, Your Honor. THE COURT: And you have gone over these charges with your client? MR.BERRY: Yes, Your Honor, I'm in the process of making copies of all of the documents I have in the file for my client at this time. THE COURT: She does understand what she is charged with on each count of this indictment? MR. BERRY: Yes, Your Honor. THE COURT: All right, sir, fine. Is there anything else we can do at this time? MR. SKANDALAKIS: Your Honor, yes sir, the State has to notify and reaffirm its intention to seek the death penalty. I've already served notice and that is in the file and Mr. Berry and Mrs. Boyer are aware of that. THE COURT: All right. So the State will be seeking the death penalty in this case. MR. SKANDALAKIS: Yes, sir. THE COURT: All right. I have spoken with Mr. Berry and Mr. Skandalakis and we will be setting a date later for hearings on the motions that have been filed and any other motions that you think you made need to file. You're certainly not precluded from filing any other motions. We will be setting a date and the proper people will be notified as to when that hearing will be held. MR. BERRY: Thank you, Your Honor. THE COURT: Is there anything else we need to take up? MR. SKANDALAKIS: No, sir, Your Honor. MR. BERRY: No, Your Honor. THE COURT: Thank you all so much. This Court is adjourned for the day.
1993: Excerpt below from: Creative Loafing weekly magazine, Atlanta, Georgia, June 13, 1993, "Tina's World: Poltergeists and Prison" by Gregg Land. (The magazine also did an earlier July 14, 1990 story focusing on her parapsychology case.) "I'm about ready to give up," she says, her head bowed as she speaks through the small grate below the glass. "I feel like this town's convicted me of something I haven't doneI don't think my lawyer believes me, all he's concerned with is seeing that my civil rights aren't violated, but he doesn't care. ... I just pray the truth'll come out." 2008: Excerpt below from: Carroll Star News weekly newspaper, Carrollton, Georgia, January 20, 2008, "The real story of Christina Resch Boyer: Did a 'perfect storm' of events lead to life imprisonment?" by Susan Horn, editor/publisher. (This was a lengthy article that began on the front page; briefly excerpted here. If you would like to read the entire article on a web page click here or provide me your email address and I will send you five jpg scans of the article and accompanying editorial totaling 2.585 MB [2585 KB].) On October 24, 1994, twenty-five year old Christina "Tina" Resch Boyer entered an Alford Plea in a Carroll County court to the felony murder and aggravated battery of her three year old daughter Amber Bennett. Because of her plea, there was no costly trial. She was subsequently sentenced to life in prison plus 20 years. As of now, she has served 15 and 1/2 years and is currently incarcerated at Pulaski State Prison in Hawkinsville, Georgia. This may be the end of this tragic story for prisoner #0000810071, save for the announcement at some future date by prison authorities that Tina Boyer has died. But in a time when seemingly every few months someone is featured in the news as having been exonerated of a crime due to new testing of DNA, recanting of stories by eyewitnesses, or revisiting of the case by authorities, perhaps the time, too, has come for Christina Resch Boyer. ... According to the state's official website (www.pap.state.ga.us) the State Board of Pardons and Paroles is a part of the executive branch of Georgia's government, authorized to "grant paroles, pardons, reprieves, remissions, commutations, and to restore civil and political rights." ... A "perfect storm" of oppressive events seems to have occurred with Christina Resch Boyer at the epicenter. But when it's all sifted through, this is the story of a young woman who pleaded and accepted punishment for a murder that happened when she wasn't present. --- Where Is Amber Gail Bennett Buried? ---
Amber was buried in the Carrollton City Cemetery in Carrollton, Georgia on April 18, 1992 in a grave donated by the city and a casket, funeral, and other items donated by local businesses. Boyer's mother, Joan Resch, could not afford the cost of returning Amber to Ohio where she was born. Amber's headstone displays her name, date of birth, and date of death. She was born on September 29, 1988 and lived three years, six months, and 14 days. She was buried in the pink Easter dress that Boyer had purchased for her for Easter church service that coming Sunday. Here is a quote from the photographer who visited the gravesite: "Amber's grave is located, as you look at the cemetery from the main highway through Carrollton, to the left and about 60% of the way to the rear on a hillside. There is a florist shop nearly directly across the street." Date photographed: December 16, 2005. Credit photographer: John M. Riggle. © James A. Conrad. Permission is freely granted for news media to use, cropping okay. Larger size for publishing available on request. Amber's gravesite listed on Find a Grave.com: findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=13593696 Note to news media: http://www.cpracad.org (Carrollton government website) The Carrollton City Cemetery is located on Alabama Street and is maintained by the Carrollton Parks, Recreation, and Cultural Department. They have said that news media should obtain permission from the department director before shooting footage there. The city can provide a guide. Basically, they just want to be certain that no disrespectful use of the public cemetery takes place. People visiting the cemetery and taking photographs for personal use do not need permission. The cemetery is open to the public and there is no fence surrounding it. Fortean Times magazine December 2004 article on the book Unleashed with excerpts: Tina Resch: Unleashed http://www.forteantimes.com/features/articles/139/tina_resch_unleashed.html Articles in The Atlanta Journal and/or The Atlantic Constitution newspapers, October 25, 1994, the day after her sentencing (the two papers merged in 2001 to become the Atlanta Journal-Constitution: (newspaper archive search page results, with excerpts) "Telekinetic mom averts trial: Tina Boyer pleads guilty in daughter's death" "Telekinetic mom gets life in daughter's beating death" "From Celebrity to Cellblock: Tina Boyer's tragic ride ends" "Tina Boyer: Magic or tragic?: Ex-celebrity pleads guilty to child's murder"
Map - Where is Carrollton in the State of Georgia, USA, where Tina Boyer and Amber lived and Ms. Boyer was arrested?: Maps.yahoo.com - Carrollton, Georgia Map - Where is Hawkinsville, Georgia, where Tina Boyer is in prison?: Maps.yahoo.com - Hawkinsville, Georgia Georgia Department of Corrections website: http://www.dcor.state.ga.us To look up Tina Boyer's current prison photo and record: http://www.dcor.state.ga.us/GDC/OffenderQuery/jsp/OffQryForm.jsp Pulaski State Prison Profile: http://www.prisontalk.com/forums/archive/index.php/t-58860.html Georgia Board of Pardons and Paroles - official website - http://www.pap.state.ga.us |