LIVE Billings trial: Day 2

OA courts reporter Jon Vanderlaan will be covering the Dwayne Dale Billings trial all this week. Follow him @vanderlaanOA and check back here for observations and details of the trial.

Billings is accused of kidnapping a 9-year-old autistic girl and and sexually assaulting her in Jan. 2007.

Deputy District Attorney Scott Layh is prosecuting the case for the government, while attorney David Zavoda is defending Billings.

Afternoon Timmons said he has not but has heard of it before.

Fmr OPD detective Brad Timmons testified right before. Was questioned by Zavoda about whether he has experience with false confessions. ...

Testifying now is a forensic specialist (DNA) with the Lubbock DPS crime lab. Taking a quick break to track down a document.

Questions were raised by Zavoda about whether some medical records were admissible because of forensic evidence gathered. Judge allowed.

Two nurses in the case have testified and a third man who was investigating with the police is on the stand now.

Multiple times during testimony, Zavoda pointed out it could have been James Billings who tied up the girl, despite objections from Layh.
 
Meaning the girl said she was there overnight.

Fmr OPD Sgt Paul Shepherd said James Billings said "She just got here" when officers arrived on scene. Zavoda points out differing reports

Attorneys also interviewed two police officers working on the case at the time.

Billings' grandfather, now dead, was in same room when she fell asleep, girl said.

Zavoda cross examined girl. She said she woke up tied in bed after falling asleep on couch. She's not sure who did tying 

Girl in sexual assault, kidnapping case testifies

In the morning session of the Dwayne Dale Billings trial, two police officers involved in the investigation testified right after the 13-year-old autistic girl and her grandmother testified.

Both the girl and her grandmother choked up during interviews that forced them to recall the events of Jan. 3, 2007, the date the girl said she was kidnapped and sexually assaulted by Billings.

Prosecuting attorney Scott Layh asked her to go into detail about exactly what happened, from the time her family was outside Thrift World until she was taken by police.

She hesitated slightly when going through the details, but her grandmother was in the crowd and she seemed to have a good enough rapport with Layh to feel comfortable talking with him.

The girl also said Billings chained her to his bicycle when they were on the way to his trailer, a detail she said she did not remember until earlier in the week.

Defense attorney David Zavoda asked if the girl knew who tied her up in the bed after she fell asleep on the couch and who was in the room with her when she fell asleep on the couch. She said she was not sure who tied her up and that James Billings was in the room when she fell asleep on the couch.

The grandmother also had trouble getting through her testimony, when she was asked if she believes she may regain custody of the girl. The girl has been in a facility for the past four years because her grandmother said she “became psychotic” after the incident.

Sgt. Jamie Brown with the Odessa Police Department was the officer who said he took the call from James Billings the morning of Jan. 8. Brown said he was speaking with James Billings, but defense attorney David Zavoda objected to the recanting of the conversation, saying it may not be reflective of what actually happened.

“He may have been talking to the perpetrator of the crime,” Zavoda said, implying that James Billings may have been the person who committed the crimes. “The girl said she wasn’t sure.”

Inspector Paul Shepherd, who was a sergeant with the Odessa Police Department for more than 30 years and was with the department at the time of the incident, said he was one of the first people on the scene.

James Billings was the first person the officers saw in the house, Shepherd said, and without questioning, James Billings said, “She just got here.”

Zavoda asked Shepherd if that was something a person who was guilty would say, and Shepherd agreed only to say it also would be said by someone covering for another person.

Layh also brought out several items that were admitted to evidence. He said the items were given to the girl by Dwayne Billings, including bicycle gloves, a hair brush, a Dixie Chicks CD, a rosary with a white cross, a necklace, earrings and a telephone  number registered to James Billings.

“Those seem like wooing gifts to me,” Zavoda said.

Shepherd also pointed out the phone number was noticeable to him because it had a “*67” before the number, allowing the person calling to remain anonymous to the recipient.

12 p.m. Zavoda cross examined girl. She said she woke up tied in bed after falling asleep on couch. She's not sure who did tying.

Billings' now-deceased grandfather James Billings was in same room when she fell asleep, the girl said.

Attorneys also interviewed two police officers working on the case at the time.

Former Odessa police Sgt. Paul Shepherd said James Billings told officers, "She just got here," when officers arrived on scene. Zavoda points out differing reports, meaning the girl said she was there overnight.

Multiple times during testimony, Zavoda pointed out it could have been James Billings who tied up the girl, despite objections from Layh.

11:40 a.m. Court recessed for lunch. Will have updates soon.

10:50 a.m. Judge said no more communications from the courtroom. I'll update whenever I can. Sorry folks.

10:15 a.m. Layh done interviewing the girl. Zavoda will interview her after a 20-minute break. Zavoda pointed out after testimony that she could probably walk by herself when Layh took her hand, but said he wasn't objecting.

10:10 a.m. Girl describing abduction. Identified Billings as "Punk Rock." Taking a long pause before describing what happened after she was tied up.

Girl said she asked "Punk Rock" to take her to her mother and he said he could. She said he then locked her arms to a bike while he rode it.

She was very timid throughout her testimony, although was reassured by Layh and Judge Smith.

9:57 a.m. She is speaking very softly and looks scared. Many people staring at her.

9:58 a.m. Attorneys done speaking with grandmother. Girl about to come in to testify.

9:46 a.m. Grandmother is choking up during testimony about whether she will regain custody of the girl.

9:41 a.m. The grandmother is describing the day in Jan. 2007 and the search that ensued.

9:32 a.m. First witness is the grandmother of the girl.

9:30 a.m. Layh explaining what he believes happened in Jan. 2007 and beyond in great detail.

9:21 a.m. Layh giving opening statements

9:20 a.m. Witnesses being sworn in. Including the 13-year-old autistic girl.

9:17 a.m. Defense invokes the rule, not allowing other witnesses to be in the courtroom when a witness is testifying.

9:12 a.m. Prosecution, Scott Layh, will make opening statement afterward. Zavoda will reserve making an opening statement.

9:10 a.m. Jury has been seated and the judge is now reading instructions to the jury.

8:56 a.m. Dwayne Billings just entered the courtroom. This time with a long-sleeved undershirt. It's cold this morning.

8:50 a.m. Both attorneys are here for the Billings trial and Judge Smith is in the building. Jurors are slowly trickling in.